1999-202 NOTF First Amendment - Ordinance No. 99-412
NOTE'I Second Amendment - Ordinance No 99-437
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED THE
CITY OF DENTON, TEXAS v DENTON COUNTY FRESH MATER SUPPLY DISTRICT NO lA
AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO 5, CAUSE NO 99-40158-
362, PENDING IN THE 362ND DISTRICT COURT OF DENTON COUNTY, TEXAS,
PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS AND ANNEXATION
AGREEMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT/ANNEXATION AGREEMENT AND ALL DOCUMENTS NECESSARY TO
EFFECT THE SETTLEMENT, AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE
SETTLEMENT AND RELEASE OF CLAIMS, AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the settlement of litigation styled City of Denton, Texas v Denton
County Fresh Mater Supply D~strtct No lA and Denton County Fresh Water Supply Dtstrtct No
5, Cause No 99-40158-362, pending in the 362
hereby approved pursuant to the terms stated in the attached Compromme Settlement Agreement
Release of Clmms and Annexation Agreement
SECTION II. That the City Manager is hereby authorized to execute the attached
Settlement Agreement, Annexation Agreement, and all other documents necessary to effect
settlement The City Manager and the City Attorney are further anthonzed to take all other
actions necessary to finalize the settlement and release of clmms including to make any
expenditures necessitated by the settlement
SECTION III That this ordinance shall become effective immediately up its passage
and approval
PASSED AND APPROVED thm the /,~-TC~ day of ~ ,1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
16 01058
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAI~IS 090195
THIS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS (hereinafter referred to as the "Agreement") ts by and between the CITY OF
DENTON, TEXAS ("Denton"), DENTON COUNTY FRESH WATER SUPPLY DISTRICTS
NOS lA & 5 ("Districts"), and VIOLET PP. OPERTIES ASSOCIATES, L P, ("Property
Owner"), all collectively referred to as the "Parties"
RECITALS
A There is now pending m the $62nd District Court o£Denton County, Texas a
lawsuit styled C~O~ of Denton, Texas v Denton CounO: Fresh Wate~ Supply D~tr~ct No IA &
Denton Coun(y Fresh Water Supply Dtstrtct No 5, Cause No 99-40158-362 (the "Lawsmt"),
wherein D¢~nton, among other claims, challenges the vall&ty of the purported formation of the
D,stncts withm Denton's city hmlts and extraterritorial juns&ctlon on land owned by Property
Owner (the "Property," as fully described in Exhtbit A attached hereto and incorporated heretn by
reference), as more particularly described m the Lawsmt
B The Property Is the only land included within the Districts that lies withtn Denton's
city hrmts or extratemtonal juns&etlon
C The Parties understand and agree that the claims asserted by each agmnst the other are
m &spute and that they desire to settle such dispute by compronuse to avoid the uncertainties,
lnconvemence and expense of further litigation and to buy peace
D SubJect to the terms and conditions contatned herein, the Parties have agreed and do
agree to a full and final settlement and release of all claims which each may have against the other
COMI~ROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 1
O1059
arising out of the Lawsuit
NOW, THEREFORE, for and in consideration of the recitals set forth above and the
covenants and undertakings hereinafter set forth, the Parties agree that the Lawsuit shall be settled
and compromised upon the following terms and conditions
I Dismissal of Claims Following upon and subject to the occurrence of certain
events herelnaiter described, the Parties shall request an agreed upon order from the district court
dismissing all claims asserted against one another in the Lawsuit, w~th prejudice, and directing that
each party shall bear its own costs and attorneys' fees Prior to dismissal of such claims the
following events shall occur
a Pursuant to Tex Water Code sec 49 305 and all other apphcable
provisions of law, Property Owner shall petition District No 5 for
exclusion of the Property from the District in accordance with all
procedures and standards required by law
b District No 5 shall duly publish notice for and conduct a heanng in the
manner provided by applicable law, including but not limited to procedures
contained in Tex Water Code ch 49, sub-chapter J, concerning exclusion
of the Property from the District
c District No 5 shall exclude the Property from the District boundaries in
accordance w~th all procedures and standards required by law
d Denton and Property Owner shall execute an Annexation Agreement
concerning annexation, land use and development, and provision of city
services to the Property, substantially in the form of Exhibit B, a copy of
COMPROM][SE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 2
U I6 01060
which is attached hereto and incorporated by reference herein
2 District Release Districts release and waive all claims, rights, and interests they
may have to exercise jurisdiction over the Property following removal of the property from the
boundaries of District 5 Districts acknowledge that the Property lies within Denton's CCN for
water and wastewater faciht~es and that Denton is the provider of water and wastewater servme
to the Property
3 Notice Required Districts covenant and agree that, notwithstanding any
provision of state law or order, resolution or ordinance of the District(s) to the contrary, ten (10)
business days prior to inclusion of any land within the boundaries of the District(s) that lies within
Denton's city lin'uts or extraterritorial jurisdiction, whether such inclusion is to occur by petition
of the landowner, or by independent action of the District(s), notice of such proposed inclusion of
land shall be g~ven to Denton, in the manner provided in this agreement, prior to the time that the
govermng body for the District(s) considers whether to include such land Districts further
covenant and agree that such obligation to notify Denton shall be a condition precedent to vahd
enactment of any order, resolution, ordinance or other action ~ncludmg such land w~thin the
boundaries of the District(s)
4 No Petition for Serrates Property Owner covenants and agrees that it shall not
petition for inclusion of the Property, or any other property that it now owns or may hereafter
own within the corporate limits or extratemtonal jurisdiction of Denton, in the boundaries of the
Districts, nor seek service from any provider of any service identified in the annexation Service
Plan for the property, incorporated as Exhibit C to this agreement, including water, wastewater,
roads, drainage, emergency services, solid waste collection, other than Denton, without Denton's
COM~ROMISE SETTLEMENT AGREEMENT
AND RELE,~,$E Ol~ ALL CLAIMS Page 3
EI6 01061
express written consent
5 Comnlete Release of Claims Concomitant wtth the entry of the order d~sm~ss~ng
the Lawsmt tn the manner above prowded for, the Parhes release all clmms and causes of actton
each may have agamst one another arising out of the Lawsuit, except for an action to enforce thts
Agreement Thereupon, all matters m dtspute between the Part,es winch have been, are, or could
have been alleged m tins and all other causes, described herem, both known and unknown,
mcludtng, but not hrmted to, all matters m any way related to or anslng out of the Lawsuit,
~ncludtng without hmltat~on any clmms for damages agatnst Denton premised upon Tex Loc
Gov't Code ch 43, ch 395, the Texas Water Code, or pursuant to any state or federal statutory
or constttutmnal provts~on, or any declaratory or mjuncttve rights anstng out of Tex Loc Gov't
Code ch 245, shall be completely and forever compronmsed and settled
6 Duty to Effect If tins Agreement should be held tnvahd or unenfomeable tn whole
or tn part, the Parhes agree to employ every legal method, means or procedure avatlable m order
to effectuate the underlying purpose of the Agreement
7 Complete Agreement Tins Agreement constitutes the entire agreement between
the Part,es regarding the subject matter contained herexn, supersedes any prior understanding or
written or oral agreements or representattons concermng the same, and can be modified only by a
written mstrument subscribed to by the Parhes Each Party to tins Agreement represents that tt ts
acttng on tts,own free will and voluntarily, and that tt ts tn no way ralymg upon any promise,
warranty, representatton or agreement of any kind whatsoever, made d~rectly or indirectly, by any
agent, employee, or attorney of the Part,es betng released or any person or firm In pnwty wtth the
Pames being released, and each party understands that flus ~s a fi~ll, final and complete settlement
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 4
EI6 01062
of all claims of any hnd or character whatsoever, both known or unknown, arising out of those
matters described herein
8 No Liabdlty Tins Agreement is made solely for the purpose of avoiding further
htlgation and making peace between the Parties, and that in entenng into tins Agreement, the
Parties are not adnutting liability, but are expressly denying habihty
9 No Future Llainhty It is the express intent of the Parties to this Agreement that
each of the Parties shall not be exposed to any further liabilities, including claims and suits for
damages, relating to any matter presented by any Party in the Lawsuit
10 No Assignment of Claims The Parties warrant that no clams, demands,
damages, actions, causes of action or suits in equity hereby released have been assigned to any
tinrd-party and that tins Agreement is executed without reliance on any statement or
representation made by any third-party winch is not contained herein
11 No Influence The undersigned each warrant that no inducements have been made
to any of them on behalf of the Part,es released hereby, and that in deciding to release their clams
and to execute fins Agreement, each has rehed solely and only upon their own judgment and the
advice given to them by their attorney, whom they have selected
12 Joint Preparation Tbas Agreement shall be deemed to have been jointly prepared
by all Parties hereto, and no amblgmty oftbas Agreement shall be construed aganst any party
based upon the ~dentlty of the author of tins Agreement or any portion thereof
13 Applicable Law Tbas Agreement shall be governed by, construed and mterpreted,
and the rights of the Part,es determined m accordance with the laws of the State of Texas, and
venue of any dispute concermng tbs Agreement shall be tried in a court of competent jurisdiction
COMi~ROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 5
h16 01063
sitting in Denton County, Texas
14 Statements Binding Statements and representations contmned herein, ~ncluding
recitals, are to be considered contractual ~n nature and not merely reatat~ons of fact
15 Severabditv In the event any one or more of the provisions of this Agreement
shall, for any reason, be held tnvahd, ,llegal or unenforceable In any respect, such lnvahdity shall
not affect any other prov~s~on here~n
16 S,n~zular to Include Plural Ail references here, n in the singular shall be construed
to ~n¢lude the plural where apphcable, the maseuhne to include the fermn,ne and neuter genders
and all covenants, agreements and obhgat~ons here~n assumed by the Part,es shall be deemed to be
joint and several covenants, agreements and obhgations of the several persons named here~n
17 Successors & Assigns This Agreement shall be b,ndlng on and ~nure to the benefit
of each and every party to flus Agreement, and their successors, officers, employees, amgns,
agents, and legal representatives w~th respect to any and all of the claims brought agmnst any and
all Pames herein released
18 Authority to Execute Each of the stgnatones to ttus Agreement represents and
warrants that he is authorized to execute ttus Agreement and bind ins pnnc~pals to the terms and
prows~ons hereof Each party warrants that any action reqmred to be taken m order for this
Agreement to be binding on ~t has been duly and properly taken prior to the executton of this
Agreement, and that there are no other pames or ent~t~es required to execute this Agreement ~n
order for ~t to have bmdmg effect Spectfically Denton represents and warrants that this
Agreement was duly approved by the Oty Councd of the City of Denton, Texas adopted at an
open meeting of the Oty Council of Denton m accordance wtth the Texas Open Meetings Act,
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 6
0106
Chapter 551 of the Texas Local Government Code Likewise, Districts represent and warrant
that ti'ns Agreement was duly approved by the respective Board of Directors of District No 1-A
on June 15, 1999, and of District No 5 on June 15, 1999, each action taken dunng an open
meeting of the Board for each District in accordance with the Texas Open Meetings Act, Chapter
551 of the Texas Local Government Code
19 Notice Any not~ce, demand or other communication required to be served on
any Party hereunder shall be void and of no effect unless g~ven m accordance with the provisions
oftlus Section All notices shall be m writing and shall be delivered personally or sent by
overraght courier service, by certified or registered manl, postage pre-pand, or by facsimile
transmission Notices shall be deemed received, m the case of personal delivery, when delivered,
in the case of overmght courier service, on the next business day aider dehvery to such service, In
the case of reading, on the third day after mmhng (or, if such day is a day on which deliveries of
mall are not made, on the next succeeding day on wluch dehvenes ofmml are made), and, in the
case of facsianle transnusslon, upon transnuttal dunng normal business hours All notices,
demands and other commumcatlon shall be given to the part~es hereto at the following addresses
Each party may change to address and the designated recipient to wtuch notice may be sent to
that party by given notice of such change in accordance with ttus Section
Denton Property Owner
Herbert L Prouty, Keith McGlame~
Denton City Attorney Jenkens & G~lchnst
215 E McICanney St 1445 P, oss Ave, Ste 3200
Denton, TX 76201 Dallas, TX 75202
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL/~LAIMS Page 7
0106
Distr~ct No. 1-A District No 5
Jeffrey W Hurt Jeffrey W Hurt
Leonard Hurt Frost & Lilly, P C Leonard Hurt Frost & Lilly, P C
600 N Pearl St, Suite 900 600 N Pearl St, Suite 900
Dallas, TX 75201 Dallas, TX 75201
20 Survival This Agreement and the representations, warranties, and covenants set
forth hereto shall survive the discovery ofd~fferent facts and shall continue m full force and effect
and be unaffected by the discovery of different or ad&tlonal facts
21 Multiple Copies This Agreement may be executed in multiple counterparts, each
Much taken together shall constitute one and the same instrument
22 Auth0nt¥ Delegated The Part,es hereto mutually and simultaneously by these
presents authorize and d~rect their respective attorneys to execute and deliver for entry such
~nstruments as may be necessary to obtmn the results contemplated by th~s Agreement including
without hmltat~on the entry of the request for entry of order d~srmssmg the Lawsmt
23 A~eement Understood Each Party to this Agreement warrants and represents
that it has read the above and foregoing Agreement, and every word of it, and each party to flus
Agreement understands that it is a full, final and complete settlement and release of all claims,
held, owned or possessed m any capacity whatsoever by each releasing party as agmnst each
released party
24 Attorney's Fees & Costs Each Party to this Agreement shall bear its own
attorney's fees and costs
25 Remedies It is the intent of the Parties that, ~n addition to any other remedies
made avmlable by law, that either Party may seek specific performance of this Agreement or any
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 8
EI6 01066
provision hereof in the event of breach or attempted breach
26 Annexation A~reement The Parties acknowledge that there exists an Annexation
Agreement,between Denton and the Property Owner coneermng the Property, a copy of whmh is
attached hereto and incorporated by reference herein as Extub~t B, which sets forth covenants
concermng annexation, land use and development, and provision of city services to the Property,
and which ~s to be executed s~multaneous w~th execution oftlus Agreement
IN WITNESS WHEREOF, the Pames have executed flus Agreement effective~th~s the
-' ~]'--'l CITV~F DENTON, TEXA~
~TEST' '° . ] Aee owb AS TO
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON /')
On ,flus ~ day o~, 1999, before me personally appeared Mmhael Jez, City
Manager of the C~ty of Denton, Texas and acknowledged to me that he executed the foregoing
instrument m h~s authorized capacity for and on behalf ofth~lty of Denton
] t*('"~]*] NotaryPubllo, Stateof Texas [ FOR THE STATE OF TEXAS
~ ~.~,, .~ MAY 9, 2002
CO~ROMISE SET~EMENT AGEEMENT
~D ~LEASE OF ~L CLA~S Page 9
0106
Fresh Water Supply District No lA
ATTE ' .-~
ACKNOWLEDGMENT
STATE OF TEXAS __
COUNTY OF~
,~A O.n ttus ~ day of June, 1999, before me personally appeared//~/'Cr~t~Z
c. ~/)~M K. -]>E.P_g., for Denton County Fresh Water Supply District No lA, and -
ac owledged to me that tie executed the foregomg instrument in his authorized capacity for and
on behalf of the D~strmt
~ {*['1~"}*] Notary ~bl~c l~ FOR THE STATE OF TEXAS
~ ~.~ .'~?,~/ STATE OF TEXAS
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Page 10
h16 01068
DISTRICT NO 5
~e~.;,,~.~f' , Fresh Water Supply D~stnct No 5
ATTEST
D~stnct No $ Secretary
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF '~
,~ On.th~s 2, ;'+'"'day of June, 1999, before me personally appeared"~l~
~/r~'~.'4 ~ for Denton County Fresh Water Supply D~stnct No 5, and acknowledged
to me that he executed the foregoing instrument in hm authonzed capacity for and on behalf of
the D~strict
~. PMMI~SION EXPIRES
JguBt 2~, 1999 FOR THE STATE OF TEXAS
COMPROMISE SETTLEMENT AGREEMENT
ANP RELEASE OF ALL CLAIMS Page 11
/
01069
APPROVAL BY COUNSEL
~tate Bar No 14454075 at
Terry Morgan & Associates d Hurt Frost & Lilly, P C
Attorneys for the City of Denton Attorneys for the Districts
State Bar No 05316300
Jenkans & Cnlchnst
Attorneys for Property Owner
COMPROMIISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS Psge 12
EI6 010 0
PROPERTY OWNER'
VIOLET PROPERTIES ASSOCIATES, L.P , a
Delaware lu-arted partnership
By First Regency Enterprises, Inc, its General
Parmer
Name ] ' Robert H~ Rodger~,Jr
Title Vice President
STATE OF NEW YORK §
COUNTY OF ~/~,~ §
On this ~'°day of June, 1999, before me personally appeared Robert H Rodgers, Jr,
Vice President of Ftrst Regency Enterprises, Inc, a Delaware ILrmted partnership, General Partner
of Violet Properties Associates, L P, a Delaware limited partnership, and acknowledged to me
that he executed the foregoing instrument in his authorized capacity for and on behalf of said
limited partnership
g/ota~/Pubhc, State of N*w
No 01VA5082616
~alg~ ~n $~olk Cou~iy .*o.,*-, Notary Public In and For The Sta~c~of Nedw York
Commlssm E~plms July
Printed or Typed Name of Notary
REDAL 200067 1 40989-00001
LEGAL DESCRIPTION
502.880 ACRES
BEING A 502.880 ACRE ~CT OF ~ S~A~ ~ ~ ~ S~
S~Y, ~S~ NO. 1182 ~ 1187, ~ ~Y S~ S~Y~ ~S~CT
NO 1181, ~ SP~C~ O~ S~Y, ~S~ NO. 468, ~ B~ B, ~ C.~
S~Y, ~S~CTNO. 158, ~ ~ E. p~O S~Y, ~S~ NO. 994,
D~ON CO~, ~S ~ B~G P~T O~ ~CT I CO~ BY D~ TO
~OLET P~OPEE~S ASSOrtS, L. P, ~CO~ ~ CO~ ~'S ~.P NO.
98- 019205, ~ PKOP~ ~CO~S, D~ON CO~, ~S. S~ 502.880
AC~ ~CT, ~ B~G BASIS B~G ~ MOST ~S~Y ~ O~ S~
~CT I, B~O MO~ P~C~Y DES~ BY ~S ~ BO~S AS
POLLOWS:
BEG~G AT A 1~" ~ON ROD FO~ FOR ~ NOR~ST CO~ OP S~
~CT I, S~ PO~ B~G ON ~ SO~T ~O~-OP-WAY ~ OF
~RSTA~ ~O~AY 3~-W (A V~LE
~CE, DEP~O S~ SO--ST ~O~F-WAY, ~ONO ~ CO~ON
L~ OF ~O~S~ ~CT I ~ ~ SO~ ~ OP ~CT H CO~ BY
S~ D~ TO ~LWOOD~c~C~, L~. ~CO~ ~ VOL~ 2470, PAOE
678, DEED ~CO~S, D~ON CO~, ~, ~ FOLLO~O ~
CO~SES ~ DIST~CES.
SO~ 89 DEO~ES 57 ~S 58 ~CO~S ~ST, A DIST~ OF 274.15
~ET TO A I~" ~ON ROD FO~ FOR CO~
SO~ 00 DEO~ES 27 ~S 57 SECO~S ~ST, A DIST~CE OF 497.64
~T TO A I~" ~ON ROD FO~ FOR CO~
NOR~ 89 DEO~ES 58 ~S 18 SECO~S ~ST, A DIST~CE OF ~90.42
FEET TO A I~" ~ON ROD FO~ FOR CO~ ~ ~O~ P~ RO~ ( A
V~ ~ P~SC~ ~O~.OF-WA~,
~CE,NOR~ 00 DEO~ES 06 ~S 45 SECO~S ~ST, ~ ~
D~C~ON OF IO~ P~ RO~, ~ONO ~ ~ST L~ OF S~ ~CT I, ~
~ EAST L~ OF S~ ~LWOOD~c~C~, L~ ~CT H, A DIST~ OF
3640 35 ~T TO A 1~" ~ON ROD FOU~ AT ~ ~EC~ON OF S~ ~O~
P~ RO~ ~ lO.SON RO~ (A V~ ~ P~SC~ ~O~-
OF-WA~, ~OM ~ A 60D NA~. B~ NORTH 36 DEO~S 41 ~S 03
SECO~S '~ST, A DIST~CE OF 9.~ ~;
1 ~SLD\WILLOWIi~9 ~ I~DATA'~BNTON~NS
May 28,1999
3.7.
416 0107;'
THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST, WITH THE GENERAL
DIRECTION OF JOHNSON ROAD, ALONG THE NORTH LINE OF SAID TRACT I, THE
NORTHERNMOST SOUTH LINE OF SAID HILLWOOD/IVloCUTCHIN, LTD TRACT H,
AND THE, SOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO ALBERT
HUGHES, RECORDED IN VOLUME 3129, PAGE 752, DEED RECORDS, DENTON
COUNTY, TEXAS, A DISTANCE OF 3083,72 FEET TO A 1/2" IRON ROD FOUND AT
NORTHEAST CORNER OF SAID TRACT I, AND THE NORTHWEST CORNER OF A
TRACT OF LAND CONVEYED BY DEED TO L Z BROWN, RECORDED IN ¥OLUME
290, PAGE 382, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 28 MINLFFES 34 SECONDS ~VEST, ALONG THE EAST
LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACT, A DISTANCE
OF 2769 75 FEET TO A 5/8" IRON ROD FOUND AT THE SOLrITIWEST CORNER OF
SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID
TRACT I;
THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST, ALONG THE
COMMON LINE OF SAID TRACT I AND THE SOUTH LINE OF SAID BP, OWN TRACT, A
DISTANCE OF 2347.45 FEET TO A 1/2" IRON ROD FOUND FOR TI-IE NORTI-IEAST
CORNER OF SAID TRACT I AND ~ SOUTHEAST CORNER OF SAID BROWN
TRACT, SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED
BY DEED TO WILLIAM T SMITH AND WIFE, NONA SMITH, RECORDED IN VOLUME
284, PAGE 187, DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 00 DEGREES 32 MINUTES 58 SECONDS WEST, ALONG THE
COMMON LINE OF SAID TRACT I AND SAID SMITH TRACT, A DISTANCE OF 148 29
FEET TO A 2" IRON PIPE FOUND IN TI-IE NORTI-1WEST RIGHT-OF-WAY OF LINE OF
AFORESAID TEXAS AND PACIFIC RAILROAD (A 100 FOOT RIGHT-OF-WAY);
THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST (BEARING BASIS),
ALONG SAID NORTHWEST RIGHT-OF-WAY, A DISTANCE OF 1746 79 FEET TO A
POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF CITY LIMITS FOR
THE CITY OF ARGYLE AS DESCRIBED IN VOLUME 794, PAGE 388, DEED RECORDS,
DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WEST, OVER AND ACROSS
SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE, PASSING
AT A DISTANCE OF 4584.09 FEET THE NORTHERLY NORTHWEST CORNER OF SAID
CITY OF ARGYLE AND CONT1NLENG IN ALL A TOTAL DISTANCE OF 4609 09 TO A
POINT FOR CORNER IN WEST LINE OF AFORESAID JOHN PAINE ROAD AND BEING
25 FEET EAST OF THE WEST I lIVE OF TH~ CITY OF LIMITS OF THE CITY OF
ARGYLE AS DESCRIBED IN S)S~rD INSTRUMENT;
I ~SLI)~WII..~OWLI~.98~20040 I~,qDATA~ENTON.FN$
May 28, 1999
18.
01073
~C]~ SOUTH 00 DEGREES 08 MINUTES 54 SECONDS F.~ST~ WITH SAID WEST
LINE OF JOHN PAINE ROAD AND 25 FEET 'NEST OF AND PARALLEL.TO THE SAID
WEST LINE OF THE CITY LIMITS OF THE CITY OF ARGYLE, A DISTANCE OF 767.10
FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH
LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUMENT;
TI-IENCE SOUTH g9 DEGREES 57 MINUTES 52 SECONDS WEST, ~TMITH TI~
NORTHERLY LINE OF CRAWFORD ROAD (A VARIABLE ~rIDTH PRESCRIPTIVE
RIGHT-OF-WAY) AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF
THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUMENT, A DISTANCE OF 2350.87 TO A POINT FOR CORNER IN THE EAST LINE
OF A TRACT OF LAND CONVEYED BY DEED TO JOE T. SIMPSON AND SPOUSE,
BARBARA J. SIMPSON, RECORDED IN VOLUME 3097, PAGE 570, DEED RECORDS,
DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST, ALONG THE WEST
LINE OF SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT, A DISTANCE
OF 372 84 FEET TO A 5/$" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID
SIMPSON TRACT,
THENCE NORTH 89 DEGREES 47 MINUTES 03 SECONDS WEST, ALONG THE SAID
WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT, A DISTANCE OF
199 88 FEET TO A 1" IRON PIPE FOUND AT THE NORTHWEST CORNER. OF SAID
SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED
TO JED ARTHUR COOPER AND ~FE, CAROL JOY COOPER, RECORDED IN VOLUME
3097, PAGE 459, DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS EAST, ALONG SAID WEST
AND EAST LINES, A DISTANCE OF 428.(~3 FEET TO A 1/2" IRON ROD FOLrND AT THE
NORTHEAST CORNER OF SAID COOPER TRACT;
THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, ALONG SAID WEST
LINE, TH~ NORTH LINE OF SAID COOPER TRACT, AND TI~ NORTH LINE OF A
TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE,
JEANETTE, RECORDED IN VOLUME 643, PAGE 443, DEED RECORDS, DENTON
COUNTY, TEXAS, A DISTANCE OF 437.36 FEET TO A 2" IRON PIPE FOUND IN THE
EAST LINE OF TRACT IV CONVEYED BY DEED TO HILLWOOD/McCUTCHIN, LTD,
RECORDED IN VOLUME 2470, PAGE 678, DEED RECORDS, DENTON COUNTY,
TEXAS;
~CE I~OP, TH 00 DEGREES 28 MINUTES 31 SECONDS WEST; ALONG SAID WEST
1 ~qLD\WILLOWI.,I~200401 ~SDATAkOENTON.FNS
May 28, 19~9 ~ ~.
LINE AND TH~ EAST ~ OF SAID TRACT ~Uv', A DISTANCE OF 4~ '~6 ~EET TO A 1"
IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIOHT-OF-WAY LINE OF
INTERSTATE HIGHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY),
THENCE ALONO SAID WEST LINE AND SAID SOUTHEAST RIGHT-OF-WAY, THE
FOLLOWINO THREE COURSES AND DISTANCES
NORTH 29 DEGREES 23 MINUTES 45 SECONDS EAST, A DISTANCE OF 692 68
FEET TO A CONCRETE MONUMENT FOUND FOR CORNER,
NORTH 23 DEGREES 59 iVENUTES 37 SECONDS EAST, A DISTANCE OF 201 38
FEET TO A CONCRETE MONUMENT FOUND FOR CORNER,
NORTH 29 DEOREES 23 MINUTES 41 SECONDS EAST, A DISTANCE OF 50 58
FEET TO THE POINT OF BEOINNINO AND CONTAINING 502 880 ACRES OF
LAND, MORE OR LESS,
SURVEYORS CERTIFICATE
I, MICHAEL J. BAITUP, REGISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF TEXAS, DO HEREBY CERTIFY THAT THE HEREON LEGAL DESCRIPTION
ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A
SURVEy, L'..5.DE ON THE (]ROUND UNDER MY DIRECTION AND SUPERVISION AND
5/8" IRON RODS CAPPED "CARTER & BUROESS" HAVE BEEN SET AT ALL
BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. THE MONUMENTS OR
MARKS SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETRACEMENT
RE(],STERED"RO"ESS'ONALI2"U' SURVEYOR
TEXAS P,]3OIS~TION NO 4574
I ~S LD\WiLLOWLK~ 820040 BSDATA~DENTON.FNS
May 28, 1999
20.
q ~ 16 010 7 5 ~xhlbit B to Compromme Settlement A~reement
ANNEXATION AGREEMENT
Thl! agreement is made by and between the CITY OF DENTON, TEXAS ("Denton") and
VIOLET PROPERTIES ASSOCIATES, L P, ("Property Owner"), collectively referred to as the
"Parties"
RECITALS
A Property Owner owns land within Danton's city limits and extraterritorial
.lunsdlction, as fully described in Exhibit A attached hereto and incorporated herein by reference
(hereinaf~er "the Property") and seeks to develop the Property as a planned resident, al
development
B Denton has lmtlated proceedings to annex the Property Denton desires to have
the Property w~thin the corporate hmits of the City and to provide municipal servmes to
development that occurs on the Property in accordance w~th the annexation Service Plan attached
hereto as EXhlblt B
C Property Owner has submitted an application for initial zoning of the Property as a
Planned Development District, including a proposed Concept Plan, together vath proposed land
uses, residential densities, signage, provisions for open space and development standards
governing development of the property A copy of the application is attached hereto as Exhibit
C, which is ,incorporated herein by referenoe
D The Parties desire to have the Property developed as a high quality residential
development consistent w~th Denton's Development Plan and Growth Management Strategy
E The Parties acknowledge that there is now pending an ordinance to annex the
Property to,the City of Denton
01076
NOW, THEREFORE, for and in consideration of the recitals set forth above and the
covenants and undertakings hereinafter set forth, the Parties agree as follows
Section L Annexation, Land Use and DeveloDment of the Prooertv
1 Consent The Property Owner hereby condtttonally consents to annexation of the
Property to the City of Denton subject to the hrmtatlons contoaned in tins agreement
2 Process ofZomng Apphcatton The Property Owner shall fully cooperate to
assure that the City ~s able to process and take final action on ~ts apphcatlon for estabhshment of a
Planned Development D~str~ct prior to the effective date of the annexation of the Property
3 Consideration of Planned Development Ordinance Prtor to the effective date of
any ordinance annerang the Property to the City, the City Council shall consider and take action
on an ordinance proposing to estabhsh a planned development dtsmct (PDD) for the Property In
response to the Property Owner's proposed request for amendment of the zomng ordinance,
ut~hztng procedures mandated by state law and City ordinance Such ordinance, ~f adopted, shall
take effect simultaneous w~th the effective date of the annexation ordtnance, prowded, however,
that in no event shall the C~ty establish the effecttve date of the annexation of the Property beyond
the last date for annerang the land under the procedural requirements of state law
4 Pettt~on for Dtsannexatton In the event that the Ctty Council foals to enact an
ordinance estabhsinng a planned development dtstnct for the Property that contoans provisions
substanttally slrmlar to those m the appheation attached as Exinint B hereto, the Property Owner
may petttion for dtsannexatton of the Property Denton hereby consents to the Property Owner's
right to request dtsannexatton of the Property tn part or tn whole and agrees to duly consider such
2
O1077
request
5 Develonment Under Denton's Regulattons The Property Owner shall develop the
Property m compliance w~th Denton's zomng, subd~vis~on and development regulations In the
event of dis-annexation of the Property, Denton's subd~vtston and development regulations shall
apply to the development of the Property m accordance with apphcable law
6 Provision of Facdit~es
a Open Space Simultaneous w~th approval of a final plat for the first phase
of the development, the Property Owner shall dedicate at least fifty (50) acres of
land for use as a regional detention pond, other dratnage facfl~ttes, and open space
facilities for the Property, m the general location and under the specific condtttons
outhned in Exlublt C wtuch shall constitute sattsfactlon of the City's parkland
de&cation requirements
b School Site The Property Owner shall designate two school sites ~n ~ts
conceptual plan of development for use by the Argyle Independent School Dtstnct
one me apprordmately ten (10) acres m size and one s~te approramately fifteen
acres m s~ze If a planned development d~stnct ~s approved for the Property, each
school site may be used for smgle-famdy residences m the event the school district
does not acquire such site
c Road Improvements The Property Owner shall dedmate sufficient right-
of-way to Denton County for improvement of Crawford Road at the time of
approval of the final plat for the first phase of the development
d Improvement A~reement The spec~fication oflmprovements and the
3
01078
t~rmng of~nstallat~on shall be addressed in a subdivision ~mprovement agreement
for the property
H. Provision of Mumcmal Services to the Prooertv
1 Mumcloal Services-Generally Denton shall provide general municipal services
to the Property m accordance with the annexation Service Plan, which ~s attached hereto as
Exhtbit B and which ~s made a part hereof by reference
2 Water Service Denton shall extend City water lines and provide other water
facdities of sufficient capacity to serve the development of the Property, as authorized m the
planned development district The descnptton of the improvements, their capacity, estimated
costs and the formula for allocation of costs to the Property ~s set forth in Exhibit D attached
hereto and made a part hereof by reference Thereafter, Denton shall be the sole promder of
water serwces to the Property The Property Owner or tts successors-in-interest shall pay
~mpact fees for water treatment after the date that the water lines are made available to serve the
development, at rates as then may be m effect The Property Owner and its successors-In-
interest shall not be charged ~mpact fees for water treatment for the first 250 res~dant~al braiding
pernuts that are ~ssued for development of the Property, or for the number of braiding pernuts
issued prior to the date that Denton's water hnes are made avmlable to serve the Property,
whmhever number ofbmldmg permits ~s greater The Property Owner's obhgat~on to reimburse
the C~ty for the costs of water hne extensions ~s set forth m par II 5 of this agreement
3 Wastewater Serrate Denton shall extend C~ty wastewater lines of sufficient
capacity to serve the development of the Property, as authorized in the planned development
d~stnct The description of the ~mprovements, their capacity, estimated costs and the formula for
4
QEI6 01079
allocatton of costs to the Property ts set forth tn Exhtblt E attached hereto and made a part hereof
by reference Thereafter, Denton shall be the sole prowder ofwastewater services to the
Property The Property Owner or its successors-m-interest shall pay ~mpact fees for wastewater
treatment after the date that the wastewater hnes are made avadable to serve the development, at
rates as then may be tn effect The Property Owner's obhgatton to retmburse the C~ty for the
costs ofwastewater hne extension ~s set forth tn par II 5 ofth~s agreement
4 Interim Water and Wastewater Servtce Denton will cooperate w~th the Property
Owner ~n procunng ~ntenm water and wastewater service from the Argyle Water Supply
Corporatton and the Ctty of Argyle, respectively, to serve the development of the Property untd
the Ctty's water and wastewater hnes can be extended to serve the Property, which ~s estimated to
be January,,2001 Agreements for prov~ston of such servmes shall be solely between Denton
and the interim serwee provtder Dunng the per~od of interim servme, and until such t~me that
Denton has extended water and wastewater facilities to the Property, an apphcant who ~s ~ssued a
braiding pemut for a smgle-famdy dwelling wdl not be charged an ~mpact fee for water or
wastewater treatment by Denton
5 Repawnent of Wg~er and Wastewater Imvmvements The Property Owner agrees
to repay tts propomonate share of Denton's water and wastewater hne extensmn costs, together
wtth the costs of associated water tmprovements, tn accordance with the following prowstons
a Denton shall compute the total costs of the water hne extensions for the
facthties sermng the Property Interest charges, esttmated to be 6%, shall be
tncluded, based upon a 15Nyear term for bonds tssued Denton shall compute the
Property Owner's share of the costs of water hne extenstons on a capacity basts by
5
01088
multtplymg the total costs of extending the hnes by a ratio equal to the number of
h,ang umt equivalents authorized for the Property by the total number of living
umt eqmvalents for wtuch the faczllttes are destgned The Property Owner's
share of such sum shall be converted to an annual payment for debt service
("annual water cost") The water cost per living unit eqmvalent for the Property
shall be deterrmned by dtvtdlng the total cost of the water line extensions by the
total number ofhwng umt equivalents to be served by the extension Total
estimated water extenston costs, the Property Owner's estimated share of the
costs, the total number of hwng umt eqmvatents served by the extension, the
estimated annual water cost, and the estimated water cost per living unit
eqmvalent are set forth ~n Exh~btt D In determmzng the costs oftmprovements
and the amount to be reimbursed to the C~ty, the actual costs of ~mprovements and
the actual tnterest rate shall be used m place of the estimates contained tn Exhlbtt
D It ~s understood and agreed that the Property Owner shall not be responsible
for the costs of looping water hnes on the Property other than as expressly
provided for m th~s Agreement
b Denton shall separately compute the total costs of the wastewater hne
extenstons for the facdtt~es serving the Property and the C~ty of Argyle Interest
charges, esttmated to be 6%, shall be tncluded, based upon a 15-year term for
bonds issued Denton shall compute the Property Owner's share of the costs of
wastewater line extenstons on a capactty basis by multiplying the total costs of
extending the hnes by a ratto equal to the number ofhwng unit equivalents
6
O1081
authonzed for the Property by the total number of hwng umt equivalents for winch
the facilities are designed The Property Owner's share of such sum shall be
converted to an annual payment for debt serwce ("annual wastewater cost")
The wastewater cost per hwng unit equivalent for the Property shall be deternuned
by dividing the total cost of the wastewater line extensions by the total number of
living umt equivalents to be served by the extension Total estimated wastewater
extenston costs, the Property Owner's estimated share of the costs, the total
number of living unit equivalents served by the extenston, the esumated annual
wastewater cost, and the estimated wastewater cost per hving unit equivalent are
set forth in Exhibit E In determmtng the costs of improvements and the
amount to be reimbursed to the City, the actual costs of improvements and the
actual interest rate shall be used in place of the estimates contmned tn Exhibit E
c Denton shall establish separate escrow accounts for recetpt of payments
towards the annual water cost and the annual wastewater cost
d At the beginning of each calendar year, after completion of the water and
wastewater llne extensions and for the term of tins agreement, the Property Owner
shall deposit with the City an irrevocable letter of credit or other sufficient security
approved by the City Attorney for Denton tn the amount of the total of the annual
water cost and the annual wastewater cost Upon drawing of any letter or credit
or surety so prowded, the full amount of the letter of credtt or surety shall be
restored m full witinn thirty days thereai~er
e At the time of application for a building perrmt for each dwelhng unit to be
7
0108
constructed on the Property, the applicant shall pay into the escrow accounts for
water and for wastewater facilities established pursuant to subsection c an amount
equal respectively to the water cost per living umt equivalent ("water line charge")
and wastewater cost per hvmg unit equivalent ("wastewater line charge")
Payment of such charges shall be considered a condition of building permit
ISSUance
f One month prior to the date for making each annual debt service payment,
Denton shall determine whether funds in each escrow account are sufficient to pay
the annual water cost and the annual wastewater cost respectively To the extent
that the water hne charges or wastewater line charge collected are insufficient to
pay such amount, Denton shall notify the Property Owner of the deficiencies in
either account, if any In deterrmmng whether sufficient funds erast, the City
shall take into account any excess payments of water line charges or wastewater
line charges for preceding years If the Property Owner does not contribute the
deficiency to the escrow accounts vatinn ten days of receipt of notice under tins
subsection, the City may draw upon the applicable letter of credit or other security
deposited with the City
g Funds deposited into escrow vath the City pursuant to this section may be
used to pay the costs of or debt sermce on the City's obligations to fund the water
and wastewater improvements identified in Exhibits D and E
h At the time that 90% of the building pernuts for the residential units
authorized for the Property under the planned development district regulations
8
01083
have been ~ssued, the Property Owner shall become obhgated to repay to the City
the enUre unpaid cost remmmng for the water and wastewater lines no later than
the ttme of the next payment due on the bonds Upon ~ssuance of the building
pernut for the dwelhng umt eonstttutmg the threshold ~denufied ~n this section, the
City vall notzfy the Property Owner that the remalmng debt ~s due and orang
The Property Owner shall be responsible for a pro-rata share of the cost of
other water tmprovements needed to serve the Property, including a booster pump
and a ground storage facility proposed to be located on the property At the time
that b~ds are entered for such facflltms, the City shall compute the Property
Owner's share of the costs, based upon a capacity analysis, and shall notify the
Property Owner that such costs are due and owing prior to issuance of additional
building pernuts for the Property Dedication of any portion of the Property for
location of such facilities, ff any, together w~th payment of the pro rata share of the
costs of improvements, shall be credited against impact fees for water treatment
facflmes, in the manner provided under the City's ~mpact fee regulations
The Property Owner shall be responsible for all on-s~te costs of water and
wastewater ~mprovements except those ldenafied m Exhibits D and E, provided,
however, that Denton will partm~pate m the costs of improvements that have been
oversized in accordance wath standard C~ty practices
111. General Provisions
1 Impact Fee Waiver Property Owner hereby expressly waives any protest, claim
or contention that any prov~sion of ttus Agreement constitutes or authorizes the impo smon of an
9
Ol08h
impact fee m contravention of Texas Loc Gov't Code ch 395
2 Remedlas
a The Property Owner's fadure to renew annually any letter of credit or other
security required by tbas Agreement, or failure to restore the amount of any letter
o~'cred~t or other security m full following Denton's drawing upon such instrument
w~tban the applmable t~me period, as required by par II 5 hereof, shall be
considered a default under th~s Agreement and a breach thereof, and shall cause
the entire unpaid amount of the Property Owner's share of the cost of the water
hne and wastewater line extensions to become due and owing
b The full amount of the Property Owner's share of the costs of Denton's
water and wastewater hne extensions to serve the Property, as set forth m
Paragraph II $ ofth~s Agreement, shall constitute a lien on the Property, wtuch
shall have priority over all other hens Property Owners shall cause directly or
indirectly to be placed upon the Property Property Owner shall execute any
documents that may be reasonably reqmred by the City Attorney to establish flus
hen Such documents shall be recorded m the deed records of the County Clerk,
Denton County, Texas
(1) Property Owner shall not allow any other obhgauons to be placed
on the Property wtuch have priority over tl~s lien w~thout Denton's
written consent Any attempt to place a lien on the Property that has
priority over the hen provided for m tl~s subsection shall constitute default
under tbs Agreement and shall cause the entire unpmd balance of the
10
01085
obhgatmon secured by the hen to become due and payable
(2) In the event of default under subparagraph (a) or subparagraph
(b)(1) ofttus section, Denton shall have the right to foreclose the lien m the
manner and to the extent provided by law
(3) Upon satisfaction of obligation to pay the annual water cost and
the annual wastewater cost as provided for in par II 5 hereof, at the time
for annual renewal of the letter of credit or other surety, the Property
Owner may apply for and Denton shall grant a reduction mn the amount
secured by the lien equal to such annual costs The Property Owner or Its
successors-m-interest also may request and Denton shall grant a partial
release from the hen for any lot or tract included within the Property for
which water and wastewater line charges have been prod pursuant to par
II 5 e In no event, however, shall the value of the portions of the
Property then subject to the lien be less than the amount of the Property's
Owner's unpaid share of the combined water line extension costs and
wastewater hne extension costs
(4) The provisions oftlus subparagraph III 2 b and paragraph II 5 of
ttus agreement shall be Denton's sole remedy for breach of the Property
Owner's obhgataons set forth in par II 5
c Except for any remedies expressly provided under subsections (a) and (b),
whmh shall be exclusive, the Parties to this Agreement also shall be entitled to any
other remedy avmlable at law or m equity, including the right to specific
11
O1086
performance of ttus Agreement or any provision hereof in the event of breach or
attempted breach
3 Notice Any notice, demand or other commumcation required to be served on
any Party hereunder shall be void and of no effect unless given in accordance with the provisions
of this Section All notices shall be in writing and shall be delivered personally or sent by
overnight courier service, by certified or registered mall, postage pre-prod, or by facsimile
transmission Notices shall be deemed received, in the case of personal delivery, when delivered,
in the case of overmght courier service, on the next business day after delivery to such service, m
the case of marling, on the tturd day after ma~hng (or, if such day is a day on which deliveries of
mall are not made, on the next succeeding day on which deliveries of mad are made), and, in the
case of facsinule transwasslon, upon transnuttal dunng normal business hours All notmes,
demands and other commumcation shall be given to the parties hereto at the followmg addresses
Each party may change to address and the designated recipient to which notice may be sent to
that party by given notice of such change m accordance with this Section
Denton Property Owner
Herbert L Prouty, Violet Properties Assoaates, L P
Denton City Attorney c/0 Keith McGlamery
215 E McFanney St Jenkens & Galehnst
Denton, TX 76201 1445 Ross Ave, Ste 3200
Dallas, TX 75202
cc Huffines & Partners, Inc
AWn Donald Huffines
8222 Douglas Ave, Ste 660
Dallas, TX 75220
4 Succs ors & As i ns Ttus Agreement shall be binding on and inure to the benefit
12
01083
of each and,every party to tbs Agreement, and their successors, officers, employees, assigns,
agents, and legal representatives It is specifically understood and agreed that the obhgatlons of
Property Owner hereunder shall run with the land and shall be binding on any successor owner or
owners of the Property Upon the sale or conveyance of all interest in the Property, the selling or
conveying Property Owner shall be released in writing by Denton from any and all obligations
hereunder upon the occurrence of any one of the following conditions (1) either the selling or
conveying Property Owner or party which will be the successor Property Owner has prowded an
an excrow or other security reasonably acceptable to Denton securing the payment of the entire
unpaid obligations under Paragraph II 5, (2) the value of the undeveloped portion of the Property
at the time 0fsuch sale or conveyance has a fair market value at least two times the amount of the
unpaid obligation under Paragraph II, (3) Denton has reasonably determined that the party wtuch
will be the successor Property Owner has creditworthiness not less than the creditworth~ness of
the selling or conveying Property Owner, or (4) Denton has otherwise approved the release of the
selling or c0nveylng Property Owner
5 Duty to Effect Ifttns Agreement should be held invalid or unenforceable in whole
or in part, the Parties agree to employ every legal method, means or procedure available in order
to effectuate the underlying purpose of the Agreement
6 Complete A~reement This Agreement constitutes the entire agreement between
the Parties regarding the subject matter contained herein, supersedes any prior understanding or
written or oral agreements or representations concerning the same, and can be modified only by a
written instrument subscribed to by the Parties Each party to this Agreement warrants and
represents that it has read the above and foregoing Agreement, and every word of it, and that ~t is
13
h16 01088
acting on ~ts own free vail and voluntanly, and that it Is in no way relying upon any promise,
warranty, ropresentauon or agreement of any land whatsoever, made darectly or indarectly, by any
agent, employee, or attorney of the Parties hereto or any person or firm m pnvlty with the Parties
7 No Influence The undersigned each warrant that no Inducements have been made
to any of them on behalf of the Pames released hereby, and that m dectdmg to release their claims
and to execute thas Agreement, each has relied solely and only upon thear own judgment and the
advice given to them by their attorney, whom they have selected
8 Jmnt Preparation Thts Agreement shall be deemed to have been jointly prepared
by all Pames hereto, and no ambiguity of this Agreement shall be construed against any party
based uponlthe adentlty of the author of thts Agreement or any portion thereof
9 Applicable Law Ttus Agreement shall be governed by, construed and interpreted,
and the rights of the Parties determined an accordance wath the laws of the State of Texas, and
venue of any daspute concermng th~s Agreement shall be reed an a court of competent.lunsdictaon
sattlng an Denton County, Texas
10 Statements Bmdm~ Statements and representataons contmned hereto, including
recatals, are to be considered contractual an nature and not merely recitations of fact
11 Severabflltv In the event any one or more of the provasions of this Agreement
shall, for any reason, be held anvahd, illegal or unenforceable In any respect, such lnvalad~ty shall
not affect any other prov~sion herean
12 Singular to Include Plural All references herein in the singular shall be construed
to include the plural where applicable, the mascuhne to include the fermnme and neuter genders
and all covenants, agreements and obligations hereto assumed by the Partaes shall be deemed to be
14
010 9
joint and several covenants, agreements and obligations of the several persons named herein
13 Authority to Execute Each of the signatories to tlus Agreement represents and
warrants that he is authorized to execute tins Agreement and brad his pnncipals to the terms and
prov~sions hereof Each party warrants that any action reqmred to be taken in order for this
Agreement to be binding on It has been duly and properly taken prior to the execution of this
Agreement, and that them are no other parues or entitles required to execute th~s Agreement m
order for it to have binding effect
14 Survival This Agreement and the representations, warranttes, and covenants set
forth herein shall survive the discovery of different facts and shall continue ~n full force and effect
and be unaffected by the discovery of d~fferent or additional facts
15 Multiple Copies Ttus Agreement may be executed in multiple counterparts, each
wluch taken together shall constitute one and the same instrument and may be executed on
separate signature pages
16 Authority Delegated The Part,es hereto mutually and s~multaneously by these
presents authorize and d~rect their respectnve attorneys to execute and dehver for entry such
instruments as may be necessary to obtain the results contemplated by tlus Agreement
17 Rec0rdm~ Upon execution by all Parties, thts Agreement shall be recorded In
the IVltscellaneous Deed Records ofm the office of the County Clerk, Denton County, Texas
15
q 16 01090
~ IN WITNESS WHEREOF, the Parties have executed this Agreement effective this the
ay o ~f-~In~, 1999 TY~
By
ATTEST' 2
tEity Secretary
City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
On this/~,i~ day of I~, ~'~, before me personally appeared I~ch~l~e~ rC~t,.Yo~n
Manager of the l;~ty ofDent~)~,~-:~a-s~d acknowledged~o me that he execute e 0 g g
instrument in his authorized capacity for and on behalf ~g~ae City ~D~en.t~¢
,., ;: -.~-- . i~hRY PI]TBLI~')/IN AND
~. o, ff. :~*'_~ ANN FORSYTHE ~ FOR THE STATE'Or TEXAS
~>;;,~' MAY 9, 2002 ~
16
EI6 01091
APPROVAL BY COUNSEL.
Teny D l~lorgan ~) ~q~han~ Dahlstrom
StateBarNo 14454075 StateBarNo 05316300
Terry Morgan &Assoctates Jenkins & Culchnst
Attorneys for the Ctty of Denton Attorneys for Property Owner
17
h16 O109Z
PROPERTY OWNER'
VIOLET PROPERTIES ASSOCIATES, L.P , a
Delaware hmlted partnership
By F~rst Regency Enterprises, Inc, ~ts General
Partner
Nme Robert H Rodgc~s~, Jr
T~tle Vtce President
STATE OF NEW YORK §
COUNTY OF -~-~ §
On thls. f'~day of J'une, 1999, before me personally appeared Robert H Rodgers, Jr ,
V~ce President of F~rst Regency Enterprises, Inc, a Delaware lmuted partnership, General Partner
of Vmlet Properties Associates, L P, a Delaware hm~ted partnership, and acknowledged to me
that he executed the foregoing instrument m his authorized capamty for and on behalf of smd
hmlted partnership
ALISON E VAZQUEZTttl. "/ /,,~...~
No 01VA5082615
Oual~f,ed ,rI Suffolk Counbt...?.~. N0ta~y Public In and For ;rhe~/ate o~New York
Comm~s~on Expires July 28,
Printed or Typed Nme of Notary
My Comm~ss,on Expires
REDAL 200067 1 40989-00001
,-
t .~.GAI, D]~SC~tlPTION
502.880 A~S
~ A 5~2.880 A~ ~T OF ~ 8~A~
8~Y, ~S~ ~O 1182 ~ 1187, ~ ~Y
NO 1181,.~ SP~C~ O~ S~,~S~NO. 4~8,
~OLET tROPiCS ASSOC~S, L. P., ~CO~ ~ CO~ ~'S ~ NO.
98- 01920~, ~ P~OP~ ~CO~S, D~ON CO~, ~' 8~ 502.880
AC~ ~CT, ~ B~G BASIS B~O ~ MOST ~Y ~ Or S~
~CT I, 'B~O MO~ P~~Y D~SC~ BY ~ ~ BO~S AS
YOLLOWS:
BEG~ AT A 1~" ~ON ROD BO~ fOR ~ NO~ST CO~ O~ S~
L~ Or ~O~S~ ~ I ~ ~ SO~L~ O~ ~CT H CO~ BY
S~ DE~ TO ~LWOOD~c~C~, L~. ~CO~ ~ VOL~ 2470, PAGE
~78, DEED ~CO~S, D~ON CO~, ~,
CO~S ~ DISTilS:
SO~ 89 DEGAS 57 ~S 58 ~CO~S ~ST, A DIST~ OF 274.15
~T TO A l~" ~ON ~OD BO~ rOE CO~
SO~ 00 DEGAS 27 ~ 57 SECO~S ~ST, A DIST~CE OY 497 54
~T TO A 1~" ~ON ROD rO~ rO~ CO~
NOR~ 89 D~O~S 58 ~S 18 SECO~S ~ST, A DIST~ Or ~90.42
~T TO A I~" ~ON ROD rO~ rOK CO~ ~ JO~ P~ RO~ ( A
V~L~ ~ P~SC~ ~O~-O~-WA~;
~CE NOK~ 00 D~O~S 05 ~S
D~C~ON O~ JO~ P~ ~O~, ~ONO
~ ~ST L~ O~ S~ ~LWOOD~c~C~,
3540 35 ~T TO A 1~' ~ON ROD ~OU~ AT
p~ ~ ~ JONSON ~O~ (A V~L~
SECO~S ~8T, A DIST~C~ OF 9.~8
~LD~WILLOV/Lk'~20040 I~DATAt~DI~q~N Jqq~ 1999
~7.
Ei6
THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST, WITH THE GENERAL
DIRECTION OF JOHNSON ROAD, ALONG TH~ NORTH LINE OF SAID TRACT I, TH~
NORTHERNMOST SOUTH LINE OF SAID HILLWOOD/McCUTCHIN, LTD TRACT II,
AND THEISOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO ALBERT 1L
HUGHES,IRECORDED IN VOLUME 3129, PAGE 752, DEED RECORDS, DENTON
COUiXrry, TEXAS, A DISTANCE OF 3083.72 FEET TO A 1/2" IRON ROD FOUND AT TH~
NORTHEAST CORNER OF SAID TRACT I, AND THE NORTHWEST CORNER OF A
TRACT OF LAND CONVEYED BY DEED TO L Z BROWN, RECORDED IN ¥OLUME
290, PAGE 382, DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 00 DEGREES 28 MINUTES 34 SECONDS WEST, ALONG THE EAST
LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACT, A DISTANCE
OF 2769.75 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHWEST CORNER OF
SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID
TRACT I;
THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST, ALONG THE
COMMON LINE OF SAID TRACT I AND THE SOUTH LINE OF SAID BROWN TRACT, A
DISTANCE OF 2347 45 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTI-IEAST
CORNER OF SAID TRACT I AND THE SOUTHF-AST CORNER OF SAID BROWN
TRACT, SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED
BY DEED TO WILLIAM T SMITH AND WIFE, NONA SMITH, RECORDED IN VOLUME
284, PAGE 187, DEED RECORDS, DENTON couixrl~, TEXAS,
THENCE SOUTH 00 DEGREES 32 MINUTES ~8 SECONDS WEST, ALONG THE
COMMON LINE OF SAID TRACT I AND SAID SMITH TRACT, A DISTANCE OF 148 29
FEET TO A 2" IRON PIPE FOUND IN THE NORTHWEST RIGHT-OF-WAY OF LINE OF
AFORESAID TEXAS AND PACIFIC RAILROAD (A 100 FOOT RIGHT-OF-WAY),
THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST (BEARING BASIS),
1746 79 FEET TO A
ALONG SAID NORTHWEST RIGHT-OF-WAY, A DISTANCE OF CITY LIMITS FOR
POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF
THE CITY OF ARGYLE AS DESCRIBED IN VOLUME 794, PAGE 388, DEED RECORDS,
DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WEST, OVER AND ACROSS
SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE, PASSING
AT A DISTANCE OF 4584.09 FEET THE NORTHERLY NORTHWEST CORNER OF SAID
CITY OF ARGYLE AND CONTINUING IN ALL A TOTAL DISTANCE OF 4609.09 TO A
POINT FOR CORNEK IN WEST LINE OF AFORESAID JOHN pAINE ROAD AND BEING
25 FEET EAST OF ~ WEST LINE OF THE CITY OF LIMITS OF THE CITY OF
ARGYLE AS DESC~BED IN SA/D INSTRUMENT,
I ~SLD~WILLO~,t/LK~820040 I~SDATA~DENTON FNS
May 28, 1999
01095
THENCE SOUTH 00 DEGREES 08 MINUTES 54 SECONDS EAST, WITH SAID WEST
LINE OF'JOHN PAINE ROAD AND 25 FEET WEST OF AND PARALLEL.TO THE SAID
WEST LINE OF THE CITY LIMITS OF THE CITY OF ARGYLE, A DISTANCE OF 767.10
FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH
LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUIVIENT;
THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS WEST, WITH TH~
NORTHI~RLY LINE OF CRAWFORD ROAD ( A VARIABLE WIDTH PRESCP, IPTIVE
RIGHT-OF-WAY) AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF
THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUMENT, A DISTANCE OF 2350.87 TO A POINT FOR CORNER IN THE EAST LINE
OF A TRACT OF LAND CONVEYED BY DEED TO JOE T. SIMPSON AND SPOUSE,
BARBARA $. SIMPSON, RECORDED IN VOLUME 3097, PAGE 570, DEED RECORDS,
DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST, ALONG THE WEST
LINE OF' SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT, A DISTANCE
OF 372 84 FEET TO A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID
SIMPSON TRACT;
THENCE NORTH 89 DEGRF. ES 47 MINUTES 03 SECONDS WEST, ALONG THE SAID
WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT, A DISTANCE OF
199 88 FEET TO A 1" IRON PIPE FOUND AT THE NORTHWEST CORNER OF SAID
SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED
TO fED ARTHUR COOPER AND WIFE, CAROL JOY COOPER, RECORDED IN VOLUME
3097, PAGE 459, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 12 IvliNUTES 13 SECONDS EAST, ALONG SAID WEST
AND EAST LINES, A DISTANCE OF 428.63 FEET TO A 1/2" IRON ROD FOUND AT THE
NORTHEAST CORNER OF SAID COOPER TRACT;
THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, ALONG SAID WEST
LINE, TH~ NORTH LINE OF SAID COOPER TRACT, AND THE NORTH LINE OF A
TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE,
fEANETTE, RECORDED IN VOLUME (=43, PAGE 443, DEED RECORDS, DENTON
COUNTY, TEXAS, A DISTANCE OF 437.36 FEET TO A 2" IRON PIPE FOUND IN THE
EAST LINE OF TRACT IV CONVEYED BY DEED TO HrLLWOOD/lvlcCUTCHIN, LTD,
RECORDED IN VOLUME 2470, PAGE 675, DEED RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DEGREES 28 MINUTI~S 31 SECONDS WEST, ALONG SAID WEST
1 KSLD\WILLOWLK~9 $20040 I~SDATA~DENTON.FNS
May 28, 1~99 1 ~.
hEI6 01096
LINE AND THE EAST LINE OF SAID TRACT IV, A DISTANCE OF 499 36 FEET TO A 1"
IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIOHT-OF-%VAY LINE OF
INTERS/)ATE HIOHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCEIALONO SAID WEST LINE AND SAID SOUTHEAST RIOHT-OF-WAY, THE
FOLLOWINO TIIREE COURSES AND DISTANCES
NORTH 29 DEOREES 23 MINUTES 45 SECONDS EAST, A DISTANCE OF 692.68
FEET TO A CONCRETE MO~T FOUND FOR CORNER;
NORTH 23 DEGREES 59 MINUTES 37 SECONDS EAST, A DISTANCE OF 201.38
FEET TO A CONCRETE MONUMENT FOUND FOR CORNER;
NORTH 29 DEOREES 23 MINUTES 41 SECONDS EAST, A DISTANCE OF 50 58
FEET TO THE POINT OF BEOINNINO AND CONTAININO 502.880 ACRES OF
LAND, MORE OR LESS,
SURVEYORS CERTIFICATE
I, MICHAEL $ BAITUP, REOISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF TEXAS, DO HEREBY CERTIFY THAT THE I~REON LEOAL DESCRIPTION
ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A
SURVEY, :,L-SDE ON TH~ OROUND UNDER MY DIRECTION AND SUPERVISION AND
5/8" IRON RODS CAPPED "CARTER & BUROESS" HAVE BEEN SET AT ALL
BoUNDhl~y COR.NE~, UNLESS OTHERWISE NOTED. THE lviO~S OR
MARKS!SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETRACEMENT.
,
REOIS'I~ERED PROI*ESSIONAL L'AND SURVEYOR ~
TEXAS REOISTRATIONNO 4574
] ~S LD\~.,LOWLK~9820040 BSDATAtDENTON FNS
M~y 28, 1999
,,, 20.
til 16 0109 7 Exh,bit B
(To Annexation Agmt.)
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3
CASE NUMBER: A-82
AREA: 472 A~ras
LOCATION: In the far somheestem se~lon of the City of Denton ETS, m the vicinity of
Crawford Road, Interstate Highway 1-35W, and U S 377
Mumcipal~services to the site descnbed above shall be furrnshed by or on behalf of the City of Denton,
Texas, at the following levels and in accordance with the following schedule
A. Police Protection
In the short term, the Police Department can prowde service to Tracts #I,//2, end #3 using emstmg
resources, resulting in response Umes consistent with other undeveloped perimeter areas of the city
In the longer term, the Police Department estimates that service can be provided vothln average
response times for the City as a whole, w~th the addition of 24 sworn and 8 non-sworn personnel,
phased in proporUon to popuhuon ~rov~h wi*_bm the annexed tracts
B. Fire Protection and Emergency Medical Services
Fire service will be avmlable though existing facilities dunng the interim period when the
annexation tracts remain for the most pan undeveloped A new Fire Station #7 will be needed in
the future to provide service to the annexed tracts, to be located m the vwimty of the 1-35W / F M
2449 intersection The City of Denton Fire Department Five-Year Strate~c Plan is sc.heduled, to be
presented to City Council on March 30th, 1999 The plan v~ll provide additional detan regarazng
proposed fire and emergency service delivery to all pans of the city, including Tracts #I, #2, and
#3
C Water / Wastewater Sennces
Current City ofDanton CIP funding is pro~rammed for the constru~on ora 20-tach water line
extension that will reach the Hills of Argyle subdivision on U S 377 The line will be extended
fuixher south to Tract #3 in a subsequent phase Construction of these unprovements will begin
withm~2 years and will be completed within 4t4 years Development w~thln Tract #3 is expected to
run the line west to 1-35W The property owners of Tracts #I and/vi will be expected to extend
water lines from I-3~W to deliver water for development Interim water service options are
available
Wastewater service will be made available throu/,a eithi r extensions from the Hickory Creek
~nterceptor sewer systemor through on-site treatnlent plants that ar.~ owned, opersted, and
maintained by the City o~'Denton See Annexation Ser'ace Analyseis f°r further a~'t/ul
D. Stormwater Drainage Services
Drainage improvements will bo made by property owners at the time of development
Mamt~nanoo will bo the r~ponsibility oftha City of Danton, supported as a function ofwatsr and
wastewatar fund transfers paid by rate payers
E. Solid Waste Collection and Disposal
Solid waste s~rvic~ are available to the annexed traas F~amng contracts between customers and
private waste haulers will not be disturbed l~qmpment and personnel needed to serve new
development will be added m proportion to ~rowth m the customer base
F. Elecffie Utilities
Electric service will be made available upon request to all of the property vatlun the areas being
annexed
G. Parks and Recreation Services
Neighborhood parks roll be provided as residential ~rowth occurs, as per the City of Denton Park
Dedication Ordinance One community park will be needed in the longer term The commumty
park and additional personnel will be funded as appropriate through city funds
H. Streets and Roads '"
Crawford and Florence Roads, located on the perunater of'tract #1, w~ll not be annexed, and vall
remain the responsibility of Danton County loimson, lohn Paine, and Alked Roads in Tract #3
will be uplp'aded by private development, and ultimately maintained by the City of Denton F M
1830 (Country Club Road) is a state facility and vall be upgraded and maintained by the Texas
Department of Transportation (TXDOT)
L Building Inspections / Code Enforcement Services
Services are available now for the areas to be annexed Additional personnel vall be dedicated to
the areas to be annexed as dictated by ~rowth
,I. Library Services
The Library Master Plan will determine the appropriate method of service delivery for all areas of
the city, and is near completion The plan w~il be presented to City Council in late April 1999
EXqiI~IT "C"
landsc~p~ ~ ~jnc~t to ~
~htbtt "A"
~xlmum numbe~ of singl~y lots of 1~87S ~.~ 1o~ per
I~0 M~: 8,~0 sq~ f~t ~ I~ lot ~
600 ~m~m~: 7,000 sq~ f~t ~ ~ lot ~
Bal~ce ~,~00 sq~ feet or l~ lot ~
Mm Lot S=e 8,~0 sf 7,000 sf 5,~00 sf
Mm Lot Wtd~' 70' ~0' ~0'
Lot
M~ Bldg Cov~ge S0% 50~
~en Space p~ Lot 20% 20% 20%
Front ~ set-bac~ ~, 20' 20'
Re~ ~d set-bac~ 20' 15' I 0'
S~d~ ~rd set-back 7' 5'
M~ Height 36' 36' 36'
~closcd ~g~:
(A~chcd ~ ~h~ c~ot ext~d m 2 c~ 2 c~ 2 c~
~ont of house M~t be fl~h ~ be~d)
M~o~ reqm~t* 80~ 80% 80%
*~0% of ~e ~c ~ of ~ ~tmor ~ ~l~g ~, ~bl~, p~h~, ~dows, doo~, ~d
~ndows M~o~ mcl~ ~ ~ne, ~co, ~ ~dy p~ ~ o~ c~e ~od~L
Detached h~g,q~ ~owed ~ow~ ~lowed
or home
Alleys Not ~q~ Not ~ Not ~quwed
~ ~oape mq~t ~ ~ C~ ~ce but ~h lot m~ pl~t at l~t (1) 4"
me~d t6" ~o~ ~ ~,o~d ~ ~ pl~g ~ b~ ~ ~ ~ ~ ~L
' ~ D~ ~lve Plsn fo: ~m~l avenue
~ ~ p~ ~OH~ ~i~ mil ~ ~
colle~or s~ ~t ~m,,y ~ ~ ~d ~m~ (~ ~c~s) v~ ~ ~cwe~ '~e ~e
colleclor ~ ~ ~c~s ~e sO~ol ~ ~hb~d c~, ~ ~ ~d roms ~ Cl~'s c~
ord~ce ~c~t ~ ~ ~I1~ 6~ t~ot ~O.W., ~o 6' p~S ~ ~I~ ~ ~, ~e s~ of ~
~11 ~vc ~ ~' ~ ~d ~ o~ s~ ~ll ~ve a ~' s~ ~ ~ ~ ~I be ~mlt according
to c~s~g o~o~; ~ ~ ~ be a f' pl~g ~ ~ ~ ~ md ~ ~ Some
c~rcle~--'----.- ~~-- , .~ ~
rdads ' ' _
TI'~IL~ loeateo on ~sl~nnal
stde of a s~ no stdcwSk is ~u:~d on ~e oppostw ~de ~:ls locat~ along p~, l~cs, ~d open ~a:e ~
between lots shall be of a ~d~ ~d mamnal (mat~ l~s :n~vc ~d less ~pens~ve ~ conc~te) a~e~ :o
be~een ~c P~ Dep~t ~d Develops. T~Is s~ll Icad to ~ nc:ghborhood cent~, schools, p~ ~d opm
~aces
GENERAL
All sidewalks shall be $' unde unless dcslgnatcd a trail
2 All mailboxes, street sik, ns and light poles w~ll be "thcmed" to match and chfferenuate the development
3 The Developer or a builder m the project is allowed to ms~cd signs advcmsmg
development One on 1-35W and two (2) on S H 377 mcasunn~_e-.w.-~, ~ ,..~
4 Allow the ~nstallation of entry features (s~ffnage) and landscaping in the City ILO W~
5 Prowde water to the H O A at cost
NO City fees rcqutred for any ~mprovements bruit for the H O A
, ~ t~[~16~ O1102
-!
~b16 01103
~ento~ Comnre!,~ensive l~;an June
Fibre 15.3
Proposed Aus~-Locust Street
Conse~a~on Dfst~ct
Fibre 15.4
Proposed Bell Avenue
Conae~aflon District
Drat entonCom rehenstvePlan .. _ e _ .. J_un.e 22_. .1999
ltlO~
1. Goal
Protect mthvidual sites or aspects of areas identified as being ofhistoncal mgmficance
2. Strategies
The,city will encourage voluntary landmark designation as a vehicle to protect sites with historical
slgriJ~cance
In those cases where structures located m the downtown area do not qualify for histonc designation,
encourage use of Property Appearance Gmdelmes when renovating, to maintain a consistent and
aesthetic atmosphere.
When unprovmg infrastructure within histonc districts, efforts will be made to identify and preser~ e
historically Slgmficant features Infrastructure construction will be reviewed by participating de-
partments prior to performing work
D. ARCHEOLOGICAL
1. Goal
Protect remaining archeologlcal resources
2. Strategy
Steps should be taken to ensure that important rcmam~ and amfacts are not &sturbed whenever
possible. In some instances, mitigation may be achieved simply through documentation rather than
complete preservation The presence of archaeological remains and amfacts may not necessarily
prevent development of a site
Section 15The Street
The "Street" can be defined as the most important, endunng public space that determines our urban
environment The "Street" should be comfortable and enjoyable, as well as provide efficient movement
of people and goods
· The "Street" is the smgle largest pubhc space m the City end should be acknowledged on
that level
· The street shovld complement the chstmc~ve character of the neighborhoou or district while
providing connections to adjoining nelghoorhoods
· Formation of the Street will include pl~scnpUve stanclarc,s, which specify exactly how a
facility is to be bruit and performance standards that describe the objectives a faclhty w~ll
meet Our "Streets" need to be aesthetically and envtromnentally pleasing and sensitive to
local situations and needs
C~yDocurt~nts\Co.,t,,~hmmvePlan~ublicRew~wF. diflon EXIiIBIT~4~ c.~ 84
~ -,,- ,-~e.ron ~...e~..,nrehensive Plan June
Pubhc Revle~ Edmon
Costs should be b~ed on co~dem~on ofhfe ~cle costs, level ofs~ce, ~d level of risk
~d ~pact offacih~ fdl~e
= ~e "S~eet" h~ a major ~pact on c~atmg development ~at ~s s~t~able, ~h~g
wa~Ic co~, ~d crea~ng a ple~t ~d n~g ~n~ent for o~ c~e~
· By be~er dlsmbu~g ~e cost per ho~old ~u~ mcr~ed d~lUeS, &e cost benefits of
·ese new s~eet req~emen~ ou~ei~ ~e zmtz~ cos~ ~ m f~t ~e per dwelling ~t
xs lower th~ conv~tton~ developm~t Pubhc bmefits include ~d~mg ~e b~den of~c
~c~e ~d ~e t~ b~e ~ well ~ mc~mg m :~e
= ~e l~ge lot s~eet section ~s b~cly ~e s~e ~ c~ently ~ed m ~s~dena~ developmen~
of~l densmes
· Reduct~o~ m res~denaal speed lints ~c included benefi~ ~ong ~ ~ducao~ m sweet
pavement ~d~, s~n~cd pedesmmsm, ~c c~g useage ~d s~eW facto~
~ recent Msto~, D~ton h~ developed excl~:vely on ~e back of~e single occup~t veMcle Sub~b~
sprawl h~ ~pacted o~ M~ways ~d ClW mMways ~ people ~d ~e~ way ~u~ Denton
regional ~pa or into Denton ~om outl~ng ~e~ ~e l~gest single :ssue we face :s ~ducmg ~e need to
continually exp~d ~e Tr~sponat~on RoMway System ~e best avmlablc solution ~s to ~brace
deme, more compact developm~t such ~ ~e U~ V~Uagc conc~t where ~ps ~e saasfied mtem~ly
using Multi-Modal Tr~ponat~on Modes
Street D~elopment
S~eets ~e g~e~ly cl~s~fied into Freeways, Major ~cn~s, Secon~ ~enM$, Collecto~
Loc~es~d~t~al S~ee~ Each or.ese RoMway Cl~s~fica~o~ h~ tuque s~ect secao~, ~emacs
and assoc:ated infrastructure The
development of these sections need to
prov,de the bas,s for sustainable
developmen$
ST~ETS ~ ~LEY
bloc~ ~d mom dele development
1~ 1)~e mterc~ec, ed system prov,des ~~i~~-
mul~p le mut~ ~ & ~e ~tomobxle ~c,
~d also shorten w~mg d~st~cos ~e
panem keeps loc~ ~fic offm~o~l m~s Figure 16.1 GHd Pa~e~ Development
~~n June 22. 1999
and regional traffic off local strenta The street~ m a neighborhood need to be designed to provide
than comfo, rt and automobile movement Slowmg the automobile and mcreasuag
as referenced m the Traffic C~t,,,;.,.. ,,-,, .
t- ,,,au =~ttv~ encourages the casual meetmgs that form the bonds cfa commumty 'lYafl~c calmmg
de-sacs are not allowed '----~t~ ~-ot~cy should be designed rotc new subd,v~s~ons Additonally, cul-
This proposal addresses the separation caused by the conventional "ranch home" or "estate lot" concept
by moving the home toward the street .
s, .t~uctures to be set at a s,,~-.~-, us..m.g bald to Imes fi'om the ....
wie wtth . ...... ;t,~,.~ ~me parallel to the stre _right ~.of-w. ay Rmld.to lmes re
the ..,~,~.on o~mteraot~ ~, ....... ,,.. et The existing setback ten~.., --- qture
on ,~,,~,au~ utttle se~arati n ,~'~,_ ~. __ cl'l ....... ac/cortll~at.
~ o.. -,- ,no acme Il'om the street -
Specml residential lot conditions at block ends may not reqmre street frontages where the fi'ont yard
faces onto a green or corrtmumty space and there is alley ac-
cess to the properly, SupPlemental park. mt Is reqared m tins
mstance wlthm the block
Rear
1. Residential Alley Yard C,/L I Rear
New nezghb°rh°°ds and dlstnc~ with l°ts less than 10,000 .~_ / [ Yard
square feet will use public alleys for primary access (Fig- J
ufo 16 2). The alley will be dedicated to the pubhc Sohd l''~''- ~ -
Waste service will work to serve ~om the alley
also serves as fire protection access The alley
Figure 16.2 Residential Alley
2. Residential Lane
This street Is designed to reduce
the unpermeable area from current
standards wlule providmg for ha. ~~.
sic access needs (Figure 16.3)
This street section or the Residen.
rial Street may be used at the dis-
cretlon of the designer ~ - -~
10,000 SF
lot Imes
· No on-street parking al- 20 Feet
lOWed
· Supplemental parking ltl-
sets required within the
block or block ends
Figure l&3 Residential Lane
C ~¥Iy Docu men cS~Compm~v~phn~%bl|o p..~qew Edf~on
86
vraTr enton ( omnrehensive Plan .. _ J~une 22. 1999
e~ EdltlO~
~s s~et ~s des~ed to reduce ~e
tess nee~ ~ 16 4) ~s ~t
sect:on or ~e Reslden.d Line may
be used at ~e ~scretlon of~e de- .
s ~leys req~d ~Yeet
· Use w~th lots less th~ ' ~Feet
10,000 SF
· h~ess & e~s ~m ~ Figure 16.4 Residential Street
lot lines
· P~g allowed one s~de
4. Large Lot S~eet
~e l~ge lot (10,000 SF or more)
s~eet allows on-s~eet p~g on
both s~des wl~ ~e ~vel l~e ~n
· e m~ddle ~e 16 5) Use of
pe~o~ maends for pnvate c~ __ ~ %4 ;-.~ Planung
vorable
s Sml~to c~ent r~den-
~ s~eet section 28 Feet
= No ~leys
= ~gress & egress from 50 Feet
s~d ~veways
~ P~g ~bw~bo~ s~des
of~e s~eet Figure 16.~ Residential Large Lot Street
~. Rura~Suburban S~eet
On ~e outs~s of~e CiW's ~b~mg ~e~ ~s s~eet sectwn will be utfl=ed for pmpemes sub~-
wded into one acre or more ~s set'on ~11 ~m the s~e ~ 24 feet ofpavement md bo~ow
d~tches ~ong e~er s~de of~e pavement
C ~Y D°cumen~C°mP~hm$~vePlan~ubh¢ I~v~ew F'&ti°n EXtH~IT/~ ~- 87
Draft entonCom rehensivePlan ~ June22_..1999
ublic Revte~ Eamon
6. Courtyard Street
The courtyard street is designed £or ase Path
Acc~s "--
vath either small or large lot develop- ,
ment (Figure 16 6) The Courtyard [ Large ],
Street block length is no roore than 150 Lots
feet to faclhtate fire semce No lots Allowed
vail 'have ~ontage at the ends of the Alley
courtyard so that clear pedestram pas-
sage and view comdors can be used to .Shared
connect to these systeros
· One-way street section
· Alley used for small lots 6' Reserved
· Ingress & egress from shared Area
driveways at large lots
· Suppleroental parking reqmred
· Access to path systero reqmred
at courtyard end Street Access
· No pnvate lot frontage at end
of courtyard
Figure 16.6 Courtyard Street
7. Neighborhood Sidewalks, Land-
The sidewalk secUon for all resldentlal cross sec-
t~nns vail be 5' to allow two persons to walk to-
gether,(F~gure 16,7) Sidewalks and crosswalks vall
include altemaUve paving roatenals such as concrete '
and pervious paver materials to prooroote aesthetlcs
that blend rotc the neighborhood conc~t versus the
starkness of concrete The s~dewalk sectmn vail be
placed at the right-of-way line to separate pedestri-
ans froro vetucles and to aid re connecting the reai-
dentlal structures The rasldent~al sldewall~ are ex-
pected, to connect to other s~dowalk systems and
All of the proposedres~denUal sections vaIlprovide ~:~,-,
a nnmmum 6' landscaped area between the s~d~valks
and the curb Street trees will be placed in tins area
along w~th other nmghborhood specxfic landscaprog
to est,blisb the character or thsme of that chstnct
Comer el,ps for reaident~al streets vall be 15, Figure 16.7 Sidewalks,
Landscaping and Visibility
C ~MY li~curr~t~Compmh~.nvePlan~Pubhc Rwn cw Ed~uon EXI'ff~IT~1~ ~'- 88
B. COLLECTOR STREET,~
Collector streets will have mulhple functions, all of
wluch are different than residential streets Collectors
have to play a major pan m astablislung the multi- '
modal system. The collector hn.~ to provide equal or
better aesthetic features to maintain the character es-
tablished m the resxdentlal areas Larger comer chps
of 25' to $0' will be provided at intersections to en-
courage lines ofslght, landscaping, and adequate worn
for utlhty tranmuans. The Rasldent~al Collector collects
the traffic from resxdent~ai streets and takes it to ma-
nor destmatwns or to arterial streets. The lane width
will be at the mmunum allowed to promote slower
speeds The collector streets complete the overall Figure 16.8 Traffic Circle
systemconnectwnsofthegndpattems(Flgure 15 1) · Slowtrsffic, add mterest and set a corner
defined m the resldentlai streets The shorter block mtersecuon by givmglt a sense of place
lengths and features such as traffic
circles (Figure 16 8) will reduce
speeds to encourage the feeling of
safe xnteractlons between the
modes of transportatwn
Traffic calming design techmques ~ .-
will be used on the resldent~al col-
lectors Access management re-
qinrements apply ufihzmg tech- ~
tuques lhke ~hared access, driveway
separation, and comer clearances "Figure 1~.9
to again maximize capacity while Street Design Features
improving the aesthetic character-
istics
Right-of. way for the residential collectors will provide adequate lines of sight and promote vertical sight
clearance levels for landscaping Special right-of-way flares are encouraged to create special design
features (Figure 16.9) such as seating areas, landscapmg features, or pubhc art along the linear sections
Separations caused by the conventional retail and commercial will now be realized as rmxed uses with
vertical integration of offices, retail, and resldentiai The urban village concept moves these types of
strucmre.~ to a determined line offset from the street nght-of-way edge wtuch becor es th,~ binld-to line
requirement (Figure 16.10)
C XMy Docurnent, SXCompreh~nnnwPlan'~ubh¢ Re*,qew Edtnon EXI*I I I~IT~,,~ ~ 89
l~ra~ en~,~n ComnrohenslvePlan June 22. 1999
I~'lOr~
Build -M Lines all structures m.~t be
placed at tlus line along front and side
yard street frontages
Figure 16.10 Build-To Lines
1. Commercial Alley
TheCommercxalAlloysectlon(Flgure 16 l l) will be used to pmmote ~ [
better ,new lines, ser'ncmg, parking access and to separate the truck
traffic from the mixed use customers The alley also serves as add~- ~ } ~
Figure 16.11
Commercial Alley
The Residant~al Avenue will pro,ade
for an outside lane on each sxde for
~ Reserved
parking use and two travel lanes m / ~ ]~ Plantms
the rmddle (Figure l 5.12) No single
farmly front or rear yard fi'ontases ~-J '~ '~ .area .
Driveway access Mil be to the rear
along the Residential Alley where 64'
attached,housing or other uses oc-
cur along this ~'treet
Figure 16.!2 Residentin~ Aven.e
· Parking both s,des of the
street
· No single farruly front or rear yard frontages
· hl~ress and e~ress fi*om thc rear at the alley
C '~MY Dccumefl~s~Co,,¥i,~heflslvePlan~ublic R~vtew ~dtt~on EXHIBIT/,~ .-- 90
Draft D, ~.eo Corn rehensive Plan Publxc~e~n. li~d~ngo~
3. Main Street /
Mixed Use Collector , , ·
The Mare Street/Mixed Use Col-
widths to promote the flow oftraf- .~fj pla~mg
tic and blend the neighborhood Area
commerelal/nuxed use center traf- '""'
ment regulations vall apply to m~-
prove capacity and sight lines s' 22'
· Parking on both sides 70'
· Single farmlyresldent~al
lots front and mar yard Figure 15.13 Main Street / Mixed Use Collector
frontages not allowed
· Ingress and egress from
the rear at the alley
4. Commercial/
Mixed Use Center Collector
Commerclal/iVuxed Use Center Col- ,
lectors (Figure 16.14) will be pro- -
ters areas to address the need for m-
creased capacity, tracks, and the in- --
tcractlon of the multi-modal trans- .
portation system These roadways Ar,a or
val' provide for four standard ,~ze,
mterse~tions vath artenals, the nghi-
of-way should be expanded to pro- , ~ ~' l ~'-6" 8'
vide adequate space for right turn ?3'
lanes on and offthe anenal Alleys
will be utihzed for semcing, park-
mg access, andto seperatetn~k traf- Figure 16.14 Commercial Center Collector
tic from the ~plcal user
· 2 travel lanes with parking or 4 lanes vath no pa~lcmg allowed
Single fanul¥ residential lots front and rear yard frontages not allowed
· Ingress end egress from the rear at the alley
C WIy Docurc, enm\CompmlmmwPlan~ubl[¢ R~vi~v Edition EXI/I~IT,A/ ~ 91
non
Szdowalks willbe 8' widoplaced on both .des , .v~'¥.,I~t~ ~'~ ,.~[_~J,,. .
to crea!e Class Two Paths that would blend ·
pedestriansandbicycletraffic(Flgnre 16 1~). .. .~.,. _',~.~ ,~,v. .
Since one oft f , ons or,he aais . · "-,
the walk should be concrete Concrete pav-
ers or other like surface matcnals may be used
when commercial/mixed use structures abut
the right-of-way line In neighborhood or com-
mercial mixed use centers
Pavers, other slm,lar paving materials, and
those vath rough textures that cause tire vi- Figure 16.15 Sidewalks
Figure 16.16 Pavers
Figure 16.17 Transit Oriented Design bration will be used to enhance the
aesthenc features at intersections,
areas of interest, special nodes and
comdors, at cross walks, at parks or transit areas, to call attention to the driver that their velucle ~s
m an intersection, and to alert drivers to slow their velucles (F, gnre 16 16)
Provislous will be made to incorporate transit onented design rote the overall design of collectors
Transxt oriented design (TOD) features will be considered essential for htgh density attached hous-
ing, rmxed use and large retml or employment centers (F~gure 16 17),
Collector streets will also integrate a reserved plautmg area to prowde opportumties for landscaping
and chstnct thomas for gree~.~
C '~4Y D°cu mena~nlmehenswePl~Uublic Pa~ew ~di°cn EXItlBIT,A/ ~- 92
~,'~ :~t' ~,&,_u Co nrehens'v~ Plah June 22. 1999
~enals ~ cl~sffied ~m Pm~ ~ajo0 ~d S~on~ ~en~ m d~s~ed to c~c ~ross
a &smct ofto~ (second) or to pm~de ~jor no~sou~ or e~west mums ~mss ~e c~ (ma~
Jo0 ~1 ~ s~e~ should be ~ded ~ a me&~ ~e 16 18)
24' Me&~ at
4'~ ~ ~a~ 5'
11' 12' ~ ' 27'
84'
MajorA~enal 130' - 160' R~ht-of-Way
Secondary Artenal 120' P~ht-of-Way
Figure 16.18 Pnutary and Secondary Arterials
· No parking allowed
· Reserved planting ut the median and along both sides o£paved lanes
· Lmuted ingress and egress through shared dnves and cormectmg streets
· Off-street parhng to side or rear of structures
· No resldentlal front or rear yards adjacent to arterials
· B~kelanes requu-ed
· Transit nodes and bus queue jumpers
· Special features
1. Arterial Lanes & Access Management
Arterials will provide four lanes ut the secondary classlficahon and s~x lanes ut the utajor classflica-
twn The lanes shall be standard width except the out lane on each slde wffi putowde for an uttegrated
bnke late The desltll of the intersection w~ll blend the utulti-utodal nodes so that the i~.nsfers and
utteractlous occur safely and efficiently Access utanageutent tools vall direct the traffic at collector
¢onne¢llous to the arterials and soute m,mrmzed shared dnveway connections
C %'vly Docuraen~s~Con.~rehen~vePlanLUubHc Re.aew Edit, on E,~iHlalT, A'"' ~ 93
· ', , · ~-,,~s~ve~'~an ,In e22 1999
2. Bik~ Lan~.., Furniture & Transft Stops.~ t~on
(~gure 16.19). Provisions will be ,
made for transit oriented deal?, (TOD) includ-
ing transit stops, park and nde; a~.d other fea-
'"! r ecnor ) are at ma or,,,ter-
"ecu°ns along arterial streets (F, gur, 16.20) Figure 161~;'"-,
Tra~portat~on furmture des~g~ should nmmnt~, lcycle Lane
the use ofpubhc tran~t
The outerpordon of the nght-of-waymil be used
for uUht~es and pedestrian walkways Specific .c"9__ ....
space w~ll be pmwded for major utility hnes m ~
adchtlon to the reserve for s~dewalks and the
planting area. Pedestrians will remain on the s~de.
walks that reduce back down to $' fi'om the larger
collector standards
Figure 16.20 Bus Queue Jumpers
4. Nodes & Comdors
Arterials and arterial intersections vall normally be con-
Sldered transportation comdors and nodes where speclal
landscaping, pavement materials and other bmldmg re-
qutrements are part of the overall presentation of the City
of Denton (Figure 16 21).
$. Freeways, Expressways & Interstates
Note that Freeways, Expressway, and hterstate~ are to-
lally under the sunsthcrion of the Texas Department of
H~ghways However, special design features along these
corridors, nodes and enirancewavs to the City will re-
.quire special landscaping, pavem,~-nt matenals ac. t bu, ld-
mg requ~ments
Figure 1~.11 Corridors & Nodes
C.~,ty Documonts~.0mpml~nnv~m~ubl/o R~vt~r~ ~lffon
EX~mlT~ ~ 94
,.,,t c~ttont.~m~r tien.,,ive?lan June22 1999
d~tton
D. RETROFIT AND I~CONSTRUCTIO~
When re~.tsli~,~t~olL reconstruction and street refurbishment efforts are plam~cd, every effort will be
made to reduce these street pavements, utilize traffic calming devines to slow traffic, update sidewall~,
or bmld new ones, and furmsh landscaping where apphcable. ,qldewalks and planting areas ~¥ be
established m the interim taking rotc account future plans for the area that include placement of these
features Traffic ealm,ng devices in the interim may be used to reduce traffic speeds with techmClU~S
such as reduced travel lane stripping or mar!ang, rough pavement texture resets at intersections and
along the street, and other methods that are effective m this regard. Use of new street standards is
unphclt where redevelopment, retrofit of ex, sting neighborhoods, or re¢onsinlct]on occurs.
Utilities, tn tits Street and ~llle~
All utlhty.systems will be desl/ned vath the on~mal subdivision so that they can be conslructed pnor :o
placing the paving course on the street or alley
A. NEIGHBORHOOD STREET.~
The neighborhood centers subdlvlslons will have alleys. Alleys allow the des]/n of"WET" utihl~es
under the street and "DRY" utihiles under the alley Utilities are not to be placed m the resereed land-
scape or pluntmg area All ufihties, other than transrmsslon and fecder hnes, wdl be under~.ound.
I. Wet Utilities
Sewer I/nes will be placed at the centerlme of the street w~th water hnes on one side and storm
sewers on the other slde depend/nS on site specific conditions Utility Depazlment Policy encour-
ages the placement o£water on the north and east redes where possible Gas would be placed under
thc sidewalk on the north or east side as well
2. Dry Utilities
Electric, telephone, cable 'IV, fiber optics, and other sm'alar utihtaes will be placed m a duct system
where aome reserves are made for future expsus]ons by new compames or reworks/upgrades by
ex~stmg compames. Service Cennectmnz will be consolidated except m extreme cmcumstances or
where there is an odd number of structures being served This requires usc of joint trenches end
placing lines within a set prescribed area instead of the continuous separation across the entire lot
Tlus is pamcularly critical for small lot, attached housing, clustered and compact developmen~
3. Special Lot Conditions
Large 1~ d/stnots and neighborhoods v~li have all utihties m thc front right-of- ara;, The WET
utilities will be placed like the small lot blocks and neighborhoods The DRY utthr, es would be
placed Jn a duct bank (wit[ expansion mom) under the sidewalk opposite the gas hne L~erv~ce lines
will be consolidated as much as possible to raaxumze the area where unchst~d:ed landscaping and
aesthetic mlprovem ents occur All utiht~es, other than transrmaswn and feeder lines, will be under.
~round
C '~f¥ Documenm~Comprehen~velq~ublfc Review Edmon EXH~IT~ ~ 95
~,, ,,l~ :~,at n i.omr~re en iv Plan uno 22. 1999
ltlOn
U~Im~ m ~e Co~tor S~st n~t~f-way ~ be pl~ed ~ deacnb~ m ~e 1~ lot &smct or ne~-
borhood of R~dm~ S~e~. U~H~ ~ not m be pl~ m ~e l~&c~e or
U~ll~es~ o~ th,n ~s~on ~d fe~ ~, ~ be
M~y ~ ~II ~ve to pm~de ~eq~te mom for ~szon or ~ ~ A ~ffic lo.on
~II be prodded for ~ese on major ~d s~on~ ~. ~e n~tmf-~y
~se~e ~d ad~ ~s~e on e~h szde ~d ~o~ l~c~e ~e ~th!~
v~le ~d~ ~ be b~ on ~e need for ~ ~ ~d for pl~ of ~sszon ~ for
u~lm~. ,U~h~ ~ not ~o be pl~ed ~ ~e l~c~e ~e ~ ~ u~, o~ ~ ~sszan
~d f~d~ ~, ~I1 be ~d~d
D. S~D DU~
Develop~ ~H be ~o~ible for wor~g ~ ~I u~ comp~ pm~g s~ce ~o ~e nei~bor-
hood m ~ ~ ~s ~c~ zssues ~t ~a ~ ~g~g ~ du~ b~ for ~ u~hnes
Specific ~u~, i~a~on pom~, ~d me~o~ m~t be zd~Ufied for ~co~o~g ~e mvolv~
u~Imes Duct b~ ~H pm~de a mln,m~ offo~ ~ed d~ for ~
up.des, or ~l~em~t ~d ~H be prodded by ~e develop~
Street Aesthetics
The "Street" m more than just a place to move people and stow ut~ht~es As the most mteuslvely used
public space in the urban landscape, the Street should also be recogmzed as a social space, a "thread"
that can hut together neighborhoods, mstatut~ons and busmass It's design and appearance should
reflect the importance of this space and the desired ~mage of the commllnlty Elements of this aesthetic
image Include street trees end otherplants, colora end textures used on paved surfaces, hghtmg, slgnage,
public art, l and site funuture These elements can be weaved together to create a comfortable and
pleasing space through which people in vehicles, on b~cycles, on skates, on foot or m strollers, and the
handicapped may Iravol.
C ~Vly Docurnm~CompmhensivePlen~eubli¢ Review Edmon E~'~ilBIT~' C__ 96
16 01118
Exhibit D
Vmlet Prooertles Assoclates. L P ("Violet") Utility Cost Share Estimate
Watsrhne Extension Costs
ProJect Description 20" Waterhne Extension from Bent Creek Estates to V~olet
property hne along Hwy 377 Approximate total length
17,800 L F
Estimated Project Cost $2,606,000 00
LUE's Served 4007
Umt Cost per LUE $650 36
Capacity used by V~olet 39 58%
V~olet Cost Share $1,031,454 80
V~olet Annual Debt Payment $106,201
REDAL206098 I 40989 00001
01119
Exhibit E
V~olet Provert;es Associates, L. P. ("Violet") Ut~l;t_v Cost Share Estimate
Wastewater Extension Costs
Graveyard Branch Samtary Sewer L~ne
(V~olet / C~ty of Argyle Joint Participation Project)
Project Descnpt~on Extension of Sewer Line to Violet property line to
serve Violet property and Argyle only Approximate
total length 17,628 L F of 21" Sewer L~ne
Estimated Project Cost $2,269,000 00
LUE's Served 3475
Umt Cost per LUE $653 00
Capacity used by V~olet 45 64%
Violet Cost Shara $1,035,571 60
Violet Annual Debt Payment $106,625
REDAL 206098 I 40989 00001
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1,//2, &//3
CASE NUMBER: A-82
AREA: 472 Acres
LOCATION: In the far southeastern section of the City of Denton ETS, m the vicinity of
Crawford Road, Interstate I-Iighway 1-35W, and U S 377
Municipal services to the she described above shall be furnished by or on behalf of the City of Dentor~
Texas, at the follovang levels and in accordance with the following schedule
A. Police Protection
In the short term, the Police Department can pm,nde serwce to Tracts #1, #2, and #3 using eyaatmg
resources, resulting In response times consistent vath other undeveloped perimeter areas of the clty
In the longer term, the Police Department estimates that serwce can be prowded w~thin average
response times for the City as a whole, vath the addition of 24 sworn and 8 non-sworn personnel,
phased in proportion to population ~rowth within the annexed tracts
B. Fire Protection and Emergency Medical Services
Fire service will be available though eyasting facilities dunng the lntenm penod when the
annexation tracts remain for the most part undeveloped A new Fire Station #7 will be needed in
the future to provide service to the annexed tracts, to be located m the wcinlty of the 1-35W / F M
2449 Intersection The City of Danton Fire Department Five-Year Strategic Plan is scheduled to be
presented to City Council on March 30~, 1999 The plan will prowde additional detail regarding
proposed fire and emergency service delivery to all parts of the city, including Tracts #1, #2, and
#3
C Water / Wastewater Services
Current City of Denton CIP funding is programmed for the constru~on ora 20-inch water line
extension that w~ll reach the Hills of Arsyle subdivision on U S 377 The line will be extended
further south to Tract #3 in a subsequent phase Construcuon of'those unprovements will begin
within 2 years and will be completed within 4½ years Development vathin Tract #3 Is expected to
run the line west to 1-35W. The property owners of'Tracts #l and #2 vail be expected to extend
water lines fi.om 1-35W to deliver water for development Intenm water service options are
available
Wastewa~ar service will be made available throuFa eitht r extensions from the Hickory Creek
interceptor sewer system~or through on-s:te treau, lent plants that ar.' owned, opereted, and
maintained by the City of Denton See Annexation Service Analyse~ for further oalul
D. Stormwater Drainage Services
Drainage improv~{n~ms will b~ ~o by property owners at the time of development
Maintenance will be the responsibility of the City of Denton, supported as a thnctlon of water and
wastewater fund transfers paid by rate payers
E. Solid V~'aste Collection and Disposal
Solid waste service are available to the annexed tracts Fa~stlng ~ontracts between customers and
pnvate waste haulers will not be dzsturbed Eqmpment and personnel needed to serve new
development vail be added in proportion to l~rowth in the ~nstomer base
F. Electric Utilities
Electnc seia~ice vall be made available upon request to all of the property within the areas being
annexed
G. Parks and Recreation Services
Neighborhood perks vall be provided as residential growth occurs, es per the City of Denton Park
Dedication Ordinance One community park vall be needed tn the longer term The commumty
park and additional personnel will be funded as appropriate through czty funds
H. Streets and Roads
Crawford and Florence Roads. located on the penmeter of Tract #1. vail not be annexed, and w~ll
remain the responsibility of Denton County Johnson, John Paine, and Allred Roads in Tract #3
will be upgraded by private development, and ultimately maintained by the City of Denton F M
1830 (Country Club Road) is a state fa~lhty and w~ll be upgraded and maintained by the Texas
Department ofTransportaUon (TXDOT)
L Building Inspections / Code Enforcement Services
Services are available now for the areas to be annexed Additional personnel vail be dedicated to
the areas to be annexed as dictated by growth
I. Library Services
The Library Master Plan will determine the appropriate method of service delivery t'or all areas of
the city. and ts near completion The plan vail be presented to City Council in late April 1999
01122
SEP 0 1 1999
COUN'P~ CLERK
DENTON COUNTY~ TX
CYNTNZA HITONELL~ COUNTY
A~ ~=40pm
Doc/Nu. : 99-R~090195
Doc/T~pe : AGR
Re~or~l~g~ 131.00
6.00
Doc/Mgmt
Receipt ~: 358~0
Deputy - MARY
oRDn ANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE
CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L P AS A PART OF THE
SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lx DENTON COUNTY FRESH
WATER SUPPLY DISTRICT NO 1.4 AND DENTON COUNTY FRESH 1VATER SUPPLY
DISTRICT NO 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR
CONSTRUCTION OF THE GRAVEYARD BRANCH EXTENSION, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on August 4, 1999, the C~ty of Denton ("Denton") and %olet Property
Associates, L P ("Property Owner") entered ~nto an Annexation Agreement as a part of the
settlement of ht~gat~on styled Cay of Denton v Denton County Fresh Water Supply Dtstrwt No
1.4 and Denton County Fresh Water Supply Dtstrwt No 5, and
WHEREAS, the Property Owner h, as requested that the Annexation Agreement be
amended to set a completion date for Denton's construction of the Graveyard Branch extension
and to more fully describe that wastewater hne, and
WHEREAS, the C~ty Council deems ~t m the pubhc ~nterest that the F~rst Amendment be
approved; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s hereby authonzed to execute a F~rst Amendment
to the Annexation Agreement entered ~nto by and between Denton and Property Owner dated
August 4, 1999, winch estabhshes a completion date for construction of the Graveyard Branch
wastewater extension subject to the condmons of the F~rst Amendment m substantnally the form
of the attached F~rst Amendment, winch ~s made a part of tins ordinance for all purposes
SECTION 2 That the C~ty Manager ~s authonzed to take all of the achons as mchcated m
the attached F~rst Amendment
SECTION 3 That tins ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
~/~.,, X,,~,~
PASSED AND APPROVED th,s the ~'~ day of /V6/Vgff]l/El, 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
/V
APP~)VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 2
FIRST AMENDMENT TO ANNEXATION AGREEMENT
'i~hts F~rst Amendment to the Annexatton Agreement entered into by and between the
parties hereto dated August 4, 1999, (thts "Amendment") ts made and entered into effecttve as of
the _~Iday of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"),
and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner")
WITNESSETH
WHEREAS, Denton and Property Owner heretofore entered into that certain Annexation
Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton
agreed, among other things, to extend ctty wastewater hnes to serve the development of the
Property, as more pamcularly described therem
WHEREAS, Denton and Property Owner now desire to amend the Agreement as more
particularly described below
NOW, THEREFORE, for and in constderat~on of the covenants and undertakings set forth
m the Agreement, and other good and valuable constderatton, the recetpt and sufficiency of which
are hereby acknowledged, Denton and Property Owner hereby agree as follows
AGR_E_EMENTS:
1 All terms which arc defined ~n the Agreement shall have the same meaning when used
here~n, unless specifically provtded here~n to the contrary
2 Notw~thstandtng the terms and conditions of the Agreement, Denton shall construct or
cause to be constructed, at :ts sole cost and expense, subject to the Property Owners
repayment of tts proportionate share of the costs and expenses m accordance w~th the
Agreement, a wastewater line substanttally tn accordance w~th that certain wastewater hne
described m an Exhlbtt A whtch shall be prepared by Albert Halff and Associates and
attached to and made a part hereof for all purposes (the "Graveyard Branch Extensmn")
The consulttng firm of Albert Halff &Assoctates shall perform the engmeenng design
services for the Graveyard Branch Extenston The Graveyard Branch Extension shall be
completed prtor to Apr;t I, 2001 (the "Completton Date"), unless the Completxon Date ~s
amended tn wrmng by Property Owner or unless the construction of the Graveyard Branch
Extenston ts delayed by reason of war, c~wl commotmn, acts of God, government
restr~cttons, regulatxons,, or Interferences, fire, flood or other casualty, or other
ctrcumstances reasonably beyond the control of Denton, m which case the Completxon
D~ate shall be extended for a per~od of t~me equal to the perxod of such delay
3 Th~s Amendment may be executed m separate counterparts, each of whtch shall be an
o~tgmal and all of which when taken together shall constxmte one and the same ~nstrument
Further, th~s Amendment may be executed by both Denton and Property Owner by
facsimile stgnamre, such that execution of thts Amendment by lacs;mdc s~gnature shall be
deemed effective for all purposes as though th;s Amendment was executed as a "blue ~nk"
orxgmal
Dallas4 4374401v 3 40989 00002
4 Except as amended hereby, the Agreement shall be and remain in full force and effect and
~$ hereby ratffied and confirmed by Denton and Property Owner Upon execuuon by the
partxes hereto, th~s Amendment shall be promptly recorded ~n the Real Property Records
of the Office of the County Clerk, Denton County, Texas
,/, , IN WITNESS WHEREOF, the Part:es have executed th~s Amendment effective tMs the
/7g~°'-day of November, 1999
CITY OF DENTON, TEXAS /
M~chael Jez, C~I~ Mhnager
~cA~T~n~TEST:
~ty Secretary
APPROVAL AS TO FORM
Herbert L Prou{y //
C~ty Attorney /e
PROPERTY OWNER'
VIOLET PROPERTIES ASSOCIATES, L.P ,
a Delaware hm~ted partnersMp
By F~rst Regency Enterprises, Inc
~ts General Partner
Name
T~tle
Da0as4 437440 x 3 40989 00002 2
APPROVAL BY COUNSEL:
~flllam S lstrom
Terry D, Morgan f,]
State Bar No 14454075/ State Bar No 05316300
Terry Morgan & Associates Jenkens & Gfichnst, P C
Attorneys for the C~ty of Denton Attorneys for Property Owner
Dallas4 437440 v 3 40989 00002 3
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
On thts ,~ day of ~ before~ne personally appeared Michael Jez, City
Manager of the C"~-~-y of Denton, Texas and acknowJ~dged to me that he executed the foregoing
instrument m his authorized capacity for and on 71~f-of th~ of De,~n
NOTARY PUBLIC IN/~i~TD FOR
~ ,:',o,,~' MAY 9, 2002 ! My Commission Expires
STATE OF NEW YORK §
COUNTY OFfs, _.~ (? §
,~ On this y day of November, 1999, before me personally appeared
xj ~,~,,]'~ ~ , P~-ed, cL~ ofFlrstRegencyEnterpnses, Inc ,aDelaware
hmltea partnership, General Parmer of Violet Properties Associates, L P, a Delaware lumted
partnerslup, and acknowledged to me that he executed the foregoing instrument in his authortzed
capacity for and on behalf of said llrmted pa'---"rtnershlp
Notary~ Public In a~d For the State of New York
MARIA V 5ANTORO /~///'~ 7 ~. -~P~'~
Notary Pubhc, State of N~w York
Quahfled in Bronx County ~ ~.~ ~
Comm~ssmn ExplresAug. 17, 19~.Y ~) Printed or Typed Name of Notary
My Commission Expires ~/'~' ,/7- > G~' ~
/
Dallas4 437440 v3 40989 00002 4
Highway 377
1 20" Water Line
Graveyard Branch
21" Samtery Sawer
19,730 L F
Lmes are shown for planning purposes only
Actual routmg of hnes ts subject to completton
of routmg studtes and easement acqutstttor~
Proposed Water and Wastewater
Utility Facilities
Exhibit A
ORDINANCE NO qq-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE
CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L P AS A PART OF THE
SETTLEMENT OF LITIGATION STYLED CITY OF DENTON I/ DENTON COUNTY FRESH
WATER SUPPLY DISTRICT NO 1.4 .4ND DENTON COUNTY FRESH W.4TER SUPPLY
DISTRICT NO 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR
CONSTRUCTION OF THE HIGHWAY 377 WATER LINE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on August 4, 1999, the City of Denton ("Denton") and Violet Property
Associates, L P ("Property Owner") entered into an Annexation Agreement as a part of the
settlement of htagataon styled City of Denton v Denton County Fresh Water Supply Dtstnct No
lA and Denton County Fresh Water Supply Dlstrtct No 5, and
WHEREAS, on November 2, 1999, the City Council approved Ordinance No 99-412
amending the Annexation Agreement to establish a tlmehne for construction of the Graveyard
Branch wastewater line extension, and
WHEREAS, the Property Owner has requested that the Annexation Agreement be
amended a second tame to set a completion date for Denton's construction of the highway 377
water line and to more fully describe that water line, and
WHEREAS, the City Council deems it in the public interest that the Second Amendment
be approved, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Subject to the Property Owner executing the Second Amendment to the
Annexataon Agreement and after approval of the document by the City Attorney, the City Manager
is hereby authorized to execute a Second Amendment to the Annexation Agreement entered into
by and between Denton and Property Owner dated August 4, 1999, which establishes a
completion date for construction of the Highway 377 water line subject to the conditions of the
Second Amendment in substantaally the form of the attached Second Amendment, which is made
a part of this orchnance for all purposes
SECTION 2 That the City Manager is authorized to take all of the actions as indicated in
the attached Second Amendment
S]~(~TION 3 That this ordmance shall become effective immediately upon its passage
and approval
JACK~
ATTEST
YENNIFER WALTERS, CITY SECRETARY
Page 2
SECOND AMENDMENT TO ANNEXATION AGRF~EMENT
This Second Amendment to the Annexatxon Agreement entered xnto by and between the
part~es hereto dated August 4, 1999, (th~s "Amendment") is made and entered ~nto effective as of
the / gu day of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"),
and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner")
WITNESSETH.
WHEREAS, Denton and Property Owner heretofore entered into that certain AnnexaUon
Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton
agreed, among other th~ngs, to extend c~ty water hnes to serve the development of the Property
(as more particularly described thereto)
WHEREAS, Denton and Property Owner heretofore entered into that certain F~rst
Amendment to Annexation Agreement, dated November , 1999, pursuant to the terms of
which Denton agreed, among other th~ngs, to complete or have completed the Graveyard Branch
Extension (as defined there~n) by April 1, 2001
WHEREAS, Denton and Property Owner now desire to amend the Agreement as more
parucularly described below
NOW, THEREFORE, for and ~n consideration of the covenants and undertakings set forth
~n the Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Denton and Property Owner hereby agree as follows
AGREEMENTS
1 All terms which are defined ~n the Agreement shall have the same meamng when used
here~n, unless specifically prowded herein to the contrary
2 Notwithstanding the terms and cond~tmns of the Agreement, Denton shall construct or
cause to be constructed, at ~ts sole cost and expense, subject to the Property Owners
repayment of ~ts proportionate share of the costs and expenses ~n accordance w~th the
Agreement, a water hne substantmlly tn accordance wnh that certain water hne described
~n an Exhibit A which shall be prepared by K~mley-Horn & Assocmtes, Inc and attached
to and made a part hereof for all purposes (the "H~ghway 377 Water L~ne") The
consulting firm of Kunley-Horn & Associates, [nc shall perform the engineering design
serwces for the H~ghway 377 Water Line The H~ghway 377 Water L~ne shall be
completed prior to Aprd 1, 2001 (the "Completion Date"), unless the Completion Date ~s
amended ~n wrmng by Property Owner or unless the construction of the H~ghway 377
Water Line ~s delayed by reason of war, c~wl commotion, acts of God, government
restncttons, regulations, or ~nterferences, fire, flood or other casualty, or other
c~rcumstances reasonably beyond the control of Denton, m which case the Completion
Date shall be extended for a period of t~me equal to the period of such delay
Dallas4 444134 v 2 40989 00002
3 This Amendment may be executed in separate counterparts, each of which shall be an
ormgmal and all of which when taken together shall constitute one and the same instrument
Further, th~s Amendment may be executed by both Denton and Property Owner by
facsumle s~gnature, such that execution of th~s Amendment by facsimile s~gnature shall be
deemed effective for all purposes as though th~s Amendment was executed as a "blue ink"
original
4 Except as amended hereby, the Agreement shall be and remain m full force and effect and
~s hereby ratified and confirmed by Denton and Property Owner Upon execution by the
part~es hereto, this Amendment shall be promptly recorded in the Real Property Records
of the Office of the County Clerk, Denton County, Texas
IN WITNESS WHEREOF, the Parttes have executed th~s Amendment effective th~s the
I ~-'-day of November, 1999
CITY OF DENTON, TEXAS
' l~h~ha~l/Jez, ~r~VIl{nager
.~EST: ~,
{J. On~i}-er ~qalters- - _
'g~ty Secretary
APPROVAL A.S T~) FORM
Herbert L Prouty ,~
City Attorney ~/
Dallas4 444134 v 2 40989 00002 2
PROPERTY OWNER:
VIOLET PROPERTIES ASSOCIATES, L P ,
a Delaware hm~ted partnersMp
By First Regency Enterprises, Inc,
ltS General Partner
Title V'(~
Dallas4 444134 ~ 2 40989 00002 3
APPROVAL BY COUNSEL'
Tgrry D iV~rgan ' J,} ~l]ham S~'Dahlstrom
State Bar No 14454075/~/// State Bar No 05316300
Terry Morgan & Associates Jenkens & Gflchrlst, P C
Attorneys for the City of Denton Attorneys for Property Owner
Dallas4 444]34 v 2 40989 00002 4
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON
On this ~ day of I'ff~'~ ............. before me personally appeared Michael Jez, City
Manager of the Cay of Denton, Texas and acknowledged to me that he executed the foregoing
instrument in his authorized capacity for and on behalf,6~t~e City of Denton //
:--~..;~ -. ~_~...::-- .---~-----'-~ NOTARY I~UBLIC IN ~dNDjZOR
~1 ~.~.~;\ ANN FOflSYTHE
~ ............. ' My Co~ss~on Expires ~' ~/'~
STATE OF NEW YORK §
COWTY Og
2n ,this //'b'/'~'day of ~vember, 1999, before me personally appeared
~t~E/~ ~ ~.~, ~4' ofF]rstRegencyEnte~rlses, Inc ,aDelaware
hm]ted parmersh]p; Gefieral P~tner of V~olet Propemes Assocmtes, L P, a Delaware l~]ted
partnership, ~d ac~owledged to me tMt he executed the foregmng instrument m his au~onzed
capacay for ~d on behalf of smd hm~ted p~tnersbp.
Not~y ~bhc In and For the fft~te ~ New York
Noa~ Public S~te of N~ Yo~
No 01VA5082616 ~mted or Typed Nme of Notary
C0mm~,0, ~,r~ Ju~ za~ / My Co~ss:on Expires ~ o /
Dallas4 444134 v 2 40989 00002 5
Highway 377
20" Water Line
17,750 L.F.
'P Graveyard Branch
~ 21" Semtary Sewer
'~' 19,730 L F
Lines are shown for planning purposes only
Actual routing of hnes ts subject to completton
of routing stu&e.~ and easement acqut, ttton.
Willow Lakes (Huffines Development)
Proposed Water and Wastewater
Utility Facilities
~xhibit A